Krytyczne podejścia do prawa międzynarodowego według China Miéville i Bhupindera S. Chimniego
Critical Approaches to International Law according to China Miéville and Bhupinder S. Chimni

Summary/Abstract: The aim of the article is to assess the usefulness of Marxist approaches to international law inthe discussion on the existing and developing international legal order. It is a proposal to en-rich the theoretical foundations of the discourse on international law that takes place within thewalls of Polish scientific and academic centres. Questions arise as to whether Marxist approach-es to the law of nations solve the problem of the possibility of changes taking into account thepositions of the “ordinary people”, i.e., the Marxian working class, within the existing imperialinternational legal order? Or maybe this order ruthlessly defends the interests of the capitalistclass, which makes any evolutionary change beneficial to the “ordinary people” impossible?The article uses the legal theory method, which boils down to analysing doctrinal views onthe Marxist theory of law, starting with Marx and Engels, to Pashukanis, and ending with Chimniand Miéville.The presented Marxist approaches to international law (Chimni and Miéville) differ in termsof the theoretical basis (Miéville drew on Pashukanis and Chimni directly on Marx), which inturn leads to different views on the essence of international law (Chimni proclaims the “classapproach” while Miéville builds his theory around Pashukanis’ “commodity theory of law”) andthe possibility of reforming the law of nationsChimni’s approach turns out to be more useful, as, unlike Miéville, he sees the possibility ofchanging the imperial international legal order serving the transnational capitalist class withinthe international rule of law and with the use of human rights. Miéville’s theory is too skepticaland nihilistic. Yet, this should not prevent the use of two Marxist approaches to international lawin the university education of lawyers.Chimni’s approach turns out to be more useful, as, unlike Miéville, he sees the possibility ofchanging the imperial international legal order serving the transnational capitalist class withinthe international rule of law and with the use of human rights. Miéville’s theory is too skepticaland nihilistic. Yet, this should not prevent the use of two Marxist approaches to international lawin the university education of lawyers.

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