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Revolutions in International Law: The Legacies of 1917

Edited by: Kathryn Greenman, Anne Orford, Anna Saunders, Ntina Tzouvala

ISBN13: 9781108816847
Published: November 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £29.99



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In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

Subjects:
Public International Law, Legal History
Contents:
1. International law and revolution: 1917 and beyond
Kathryn Greenman, Anne Orford, Ntina Tzouvala and Anna Saunders

Part I. Imperialism:
2. Looking eastwards: the Bolshevik theory of imperialism and international law
Ntina Tzouvala and Robert Knox
3. Lenin at Nuremberg: anti-imperialism and the juridification of crimes against humanity
Amanda Alexander

Part II. Institutions and Orders:
4. Excluding revolutionary states: Mexico, Russia and the League of Nations
Alison Duxbury
5. Law, class struggle and nervous breakdowns
Mai Taha
6. Microcosm: Soviet constitutional internationality
Scott Newton
7. Law and socialist revolution: early Soviet legal theory and practice
Owen Taylor

Part III. Intervention:
8. Intervention: sketches from the scenes of the Mexican and Russian Revolutions
Dino Kritsiotis
9. Mexican revolutionary constituencies and the Latin American critique of US intervention
Juan Pablo Scarfi
10. Mexican post-revolutionary foreign policy and the Spanish Civil War: legal struggles over intervention at the League of Nations
Fabia Fernandes Carvalho Veçoso
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Part IV. Investment:
11.
1917: property, revolution and rejection in international law
Kate Miles
12.
1917 and its implications for the law of expropriation
Daria Davitti
13. Contestations over legal authority: the Lena Goldfields Arbitration 1930
Andrea Leiter
14. The Mexican Revolution: alien protection and international economic order
Kathryn Greenman

Part V. Rights:
15. 'Animated by the European spirit': European human rights as counterrevolutionary legality
Anna Saunders
16. Human Rights, revolution and the 'good society': the Soviet Union and the Universal Declaration of Human Rights
Jessica Whyte