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6 - Toward a radical political economy critique of transnational economic law

Published online by Cambridge University Press:  07 September 2009

A. Claire Cutler
Affiliation:
Professor of International Law and Relations in the Political Science Department University of Victoria, Victoria, British Columbia, Canada
Susan Marks
Affiliation:
King's College London
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Summary

[T]he tradition of all the dead generations weighs like a nightmare on the brain of the living. And just when they seem engaged in revolutionising themselves and things, in creating something that has never yet existed, precisely in such epochs of revolutionary crisis they anxiously conjure up the spirits of the past to their service and borrow from them names, battle-cries, and costumes in order to present the new scene of world history in this time-honoured disguise and this borrowed language.

Karl Marx

[H]istory is an immanent necessity which finds its justification in the culture, the economic forms, and the ways of living of human society as determined by past developments.

Antonio Gramsci

Introduction

This chapter argues that the contemplation of international law on the left in the context of international trade law necessarily implies engaging in a radical political economy critique of transnational economic law in the form of historical materialist analysis. There are two parts to this claim. The first part is that international trade law is best regarded as a form of transnational and not international economic law. The remit of the law of international trade is expanding to include economic relations that touch upon most every dimension of existence and which defy classification as domestic or international, private or public, and local or global. The contemporary trade regime institutionalised in the World Trade Organization (WTO) governs matters that extend well beyond border controls to reach deeply inside the domestic jurisdiction of states.

Type
Chapter
Information
International Law on the Left
Re-examining Marxist Legacies
, pp. 199 - 219
Publisher: Cambridge University Press
Print publication year: 2008

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