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(en) France, Monde Libertaire - Ideas and Struggles: By What Right? (ca, de, fr, it, pt, tr)[machine translation]
Date
Tue, 26 May 2026 08:16:05 +0300
La Fabrique publishing house has just released two complementary books
on the workings of the justice system. The first is titled *The Justice
of Capital* and subtitled *When Multinationals (Un)make the Law*. Our
friends at the radio program *Pas de Quartier* on Radio Libertaire
interviewed the author, Amina Hassani, a researcher in international
economic law. What is it about? Many companies are suing states for
hindering their profits through social and environmental legislation.
How? Quite simply, by resorting to private investment arbitration
tribunals, better known by their acronym ISDS, or Investor-State Dispute
Settlement. This justice of capital has its origins in the waning
colonial empires, designed to preserve the plundering of resources.
France contributed significantly to the establishment and development of
these structures. And all of this is expanding thanks to international
agreements and free trade treaties. You will observe that freedom is
only seen from the perspective of money and multinational corporations.
Small states, particularly those stemming from former colonies, are
utterly defenseless against the crushing machine of these courts where
cases are handled confidentially. There is collusion between these
corporations and the "lawyers," to borrow a phrase from Amina Hassani's
book. In this concise yet highly precise and well-referenced work, she
explains and analyzes the causes and effects, highlighting the weakening
of states and the threats to the most vulnerable populations. These
courts undermine any project for ecological transition and social justice.
Along the same lines, denouncing the law and its abuses, Elsa Marcel's
book, "Rule of Law: Bourgeois Order," subtitled "Reconnecting with
Political Defense," attacks an illusory concept: the notion of the rule
of law. According to legal doctrine, the goal is to preserve fundamental
civil liberties and the hierarchy of norms, preventing any challenge to
established legal rights. In reality, the law is often merely a
reflection of the state of class struggle at a given moment in history.
It is fluid and fragile. We are witnessing this now; the edifice is
faltering, and we frequently refer to works on the subject, both on our
program "Au fil des pages" on Radio Libertaire and in the column "Des
idées et des luttes" on the Le Monde Libertaire website. Let's stop
being naive! Elsa Marcel's status as a lawyer at the Seine-Saint-Denis
bar allows her to highlight the necessity of defending oneself in court
and the difficulty of doing so. Employers have become radicalized, and
governments are becoming increasingly repressive, accompanying police
violence. For her, in everyday life, when social order and the
legitimacy of power are challenged, the justice system rallies behind
the regime, leaving the rule of law severely weakened, and the situation
even worse for the victims. She states this from the outset: "I
conceived this book as a practical and political handbook for the
activist generation that, since the imposition of the state of emergency
in 2015, has taken to the streets against the multifaceted neoliberal
offensives, confronting an increasingly authoritarian state." She is
adept at tracing history to remind us that what we are experiencing is
not solely a Macronian phenomenon. She calls for a return to the
political defense provided by lawyers for FLN fighters during the
Algerian War, by the organizers of the Russell Tribunal against American
crimes in Vietnam, and by the legal professionals of the Judicial Action
Movement of the 1970s. The dynamics of these struggles also unfold in
the courtroom, as Elsa Marcel's book demonstrates.
* Amina Hassani
The Justice of Capital
When Multinationals (Un)make the Law
La Fabrique, 2025
* Elsa Marcel
"Rule of Law" Bourgeois Order
Reconnecting with Political Defense
La Fabrique, 2026
https://monde-libertaire.net/?articlen=8934
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