The Degradation of the International Legal Order?: The Rehabilitation of Law and the Possibility of Politics

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Routledge, Feb 19, 2008 - Law - 256 pages

Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle.

Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.

 

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Contents

Introduction
1
Chapter 1 Selfdetermination the revolutionary kernel of international law
9
Chapter 2 The degradation of international law?
39
Chapter 3 The legality of the invasion and occupation of Iraq
61
Chapter 4 After Iraq international human rights law in crisis
69
Chapter 5 Ideology in international law and the critique of Habermas
99
Chapter 6 A substantive account of human rights
111
Chapter 7 Human rights as the negation of politics?
119
Chapter 8 Postmodern reconstructions of human rights
131
Chapter 9 The challenge of methodological individualism
149
Chapter 10 The scandal of social and economic rights
165
Chapter 11 The problem of legal transplantation and human rights
183
Conclusion what have I sought to do in this book?
207
References
209
Index
233
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About the author (2008)

Bill Bowring is Professor of Law at Birkbeck, University of London, and a practising barrister. His research interests include international law, human rights and Soviet and Russian law. He is also a legal and political activist and has taken many cases to the European Court of Human Rights.

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