Marxist Approaches to International Law
- LAST REVIEWED: 28 March 2018
- LAST MODIFIED: 28 March 2018
- DOI: 10.1093/obo/9780199796953-0163
- LAST REVIEWED: 28 March 2018
- LAST MODIFIED: 28 March 2018
- DOI: 10.1093/obo/9780199796953-0163
Introduction
Ever since the 2008 financial crisis, Marxism has made something of a comeback in both the public and scholarly spheres. That crisis—and the austerity that followed in its wake—has highlighted capitalism’s volatile nature, its stark class division and, perhaps, pointed to its limits. Yet, arguably, the “resurgence” in Marxist approaches to international law began earlier, with the 2003 Iraq War. That war—occurring in the wake of the 1999 Kosovo intervention and the 2001 “war on terror”—triggered a wave of theorizing about “empire” and “imperialism.” Crucially, given the importance of international law in justifying and opposing the war, questions increasingly came to be asked about international law’s own relationship to imperialism. This was the “classic” Marxist question, and it invited a reexamination of the Marxist tradition. Although Marxism has never been especially well represented in international law, these scholars were nonetheless able to draw on a wider Marxist tradition—encompassing specifically Marxist works in international law, as well as more general Marxist reflections about the nature of capitalism and its relationship to other social forms. Thus, although the Marxist tradition is one filled with disagreement, there are several common aspects to it. Above all, Marxist approaches are committed to grounding the law in its wider material context: understanding the ways in which political-economic relationships—and their attendant conflicts—shape and are manifested within (international) law. Moreover, the Marxist tradition has a number of canonical works—beginning of course with those of Marx and Engels—that serve as theoretical and political lodestars. This bibliography aims to map out some of the most important Marxist scholarship in international law. It begins with a more general account of “classical Marxist” theory—in both its more general and specifically legal variants. It then details some of the different theoretical approaches that have been drawn from the Marxist tradition. Following on from this, it picks out some of the key themes that have animated Marxist thinking about the law. Finally, it looks at how Marxists have engaged with specific areas of international law.
“Classical Marxism” and (International) Law
The Marxist tradition has never been simply a scholarly pursuit. It is rooted in the great political struggles of the 19th and 20th centuries and the political figures that played a role in those struggles. As such, the work of figures associated with this period and with these movements is of particular importance. The most important figures in this regard are undoubtedly Marx and Engels, the “founding fathers” of historical materialism and the Marxist tradition. They are closely followed by those associated with the 1917 Russian Revolution (although—inevitably—Marxists differ over the importance and nature of that revolution). Although many of these figures did not write about international law as such, their general theoretical and political commitments form an important background for understanding Marxist legal interventions in the international legal field.
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Article
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- Agreements, Bilateral and Regional Trade
- Agreements, Multilateral Environmental
- Aliens
- Applicable Law in Investment Agreements
- Archipelagic States
- Arctic Region
- Armed Opposition Groups
- Aut Dedere Aut Judicare
- Balance of Power
- Bandung Conference, The
- Boundaries
- British Mandate of Palestine and International Law, The
- Children's Rights
- China, Judicial Application of International Law in
- China, Law of the Sea in
- Civil Service, International
- Civil-Military Relations
- Codification
- Cold War International Law
- Collective Security
- Command Responsibility
- Common Heritage of Mankind
- Complementarity Principle
- Compliance in International Law
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- Constitutional Law, International
- Consular Relations
- Contemporary Catholic Approaches
- Continental Shelf, Idea and Limits of the
- Cooperation in Criminal Matters, Cross-Border
- Countermeasures
- Courts, International
- Crimes against Humanity
- Criminal Law, International
- Cultural Rights
- Cyber Espionage
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- Debt, Sovereign
- Decolonization in International Law
- Democracy
- Development Law, International
- Disarmament in International Law
- Discrimination
- Disputes, Peaceful Settlement of
- Drugs, International Regulation, and Criminal Liability
- Early 19th Century, 1789-1870
- Ecological Restoration and International Law
- Economic Law, International
- Effectiveness and Evolution in Treaty Interpretation
- Enforced Disappearances in International Law
- Enforcement of Human Rights
- Environmental Compliance Mechanisms
- Environmental Institutions, International
- Environmental Law, International
- Estoppel
- European Arrest Warrant
- Exclusive Economic Zone
- Extraterritorial Application of Human Rights Treaties
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- History of International Law, 1550–1700
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- International Investment Law, Expropriation in
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- International Law, Anthropology and
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- International Law, Climate Change and
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- International Law, Dispute Settlement in
- International Law, Ecofeminism and
- International Law, Espionage in
- International Law, Hegemony in
- International Law in Cyberspace, China and
- International Law in Greek
- International Law in Italian
- International Law in Northeast Asia
- International Law in Portuguese
- International Law in Turkish
- International Law, Marxist Approaches to
- International Law, Military Intervention in
- International Law, Money Laundering in
- International Law, Monism and Dualism in
- International Law, Peacekeeping in
- International Law, Proportionality in
- International Law, Reasonableness in
- International Law, Recognition in
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- International Law, State Responsibility in
- International Law, State Succession in
- International Law, the State in
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- International Law, the Turn to History in
- International Law, The United States and
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- International Law, Unequal Treaties in
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- International Legal Personality
- International Regulation of the Internet
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- International Rule of Law, An
- International Territorial Administration
- International Trade and Human Rights
- Intervention, Humanitarian
- Investment Protection Treaties
- Investor-State Conciliation and Mediation
- Iran and International Law
- Iraq War, Britain and the
- Islamic Cooperation, International Law and the Organizatio...
- Islamic International Law
- Islamic Law and Human Rights
- Islands
- Jerusalem
- Jurisdiction
- Jurisprudence (Judicial Law-Making)
- Jus Cogens
- Just War
- Landlocked Countries and the Law of the Sea
- Law of the Sea
- Law of Treaties, The
- Law-Making by Non-State Actors
- League of Nations, The
- Lebanon, Special Tribunal for
- Legal Pluralism
- Legal Status of Military Forces Abroad
- Liability for International Environmental Harm
- Liberation and Resistance Movements
- Mandates in International Law
- Maritime Delimitation
- Martens Clause
- Medieval International Law
- Mens Rea, International Crimes
- Middle East Boundaries and State Formation
- Migration
- Military Necessity
- Military Occupation
- Minorities
- Modes of Participation
- Most-Favored-Nation Clauses
- Multinational Corporations in International Law
- Nationality and Statelessness
- Natural Law
- Neutrality
- New Approaches to International Law
- New Haven School of International Law, The
- Non liquet
- Noninternational Armed Conflict (“Civil War”)
- Nonstate Actors
- Nuclear Non-Proliferation
- Nuremberg Trials
- Organizations, International
- Pacifism in International Law
- Palestine (and the Israel Question)
- Peace Treaties
- Piracy
- Political Science, International Law and
- Positivism
- Private Military and Security Companies
- Protection, Diplomatic
- Public Interest, Human Rights, and Foreign Investment
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- Rational Choice Theory
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- Sanctions, International
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- Slavery
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- Superior Orders
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- Terrorism
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- Tibet
- Tokyo Trials, The
- Torture
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- Transnational Corruption
- Treaty Interpretation
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- UN Security Council, Women and the
- Underwater Cultural Heritage
- Unilateral Acts
- United Nations and its Principal Organs, The
- Universal Jurisdiction
- Uti Possidetis Iuris
- Vatican and the Holy See
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- War Crimes
- Watercourses, International
- Western Sahara
- World Trade Organization Law, China and