Papers by Florian Hoffmann
Social Science Research Network, Dec 1, 2008
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Verfassung und Recht in Übersee, 2021
German Law Journal, Jul 1, 2016
Back in 2007, the year during which, alongside others, Romania and Bulgaria joined the European U... more Back in 2007, the year during which, alongside others, Romania and Bulgaria joined the European Union (in January) and the world financial crisis began with the French global investment bank BNP Paribas terminating withdrawals from several sub-prime loaded hedge funds (in August), Perry Anderson concluded a London Review of Books essay entitled, "Depicting Europe," with words that today must be seen as prophetic: "the longrun outcome of [European] integration remains unforeseeable to all parties. Even without shocks, many a zigzag has marked its path. With them, who knows what further mutations might occur." 1 The narrow but decisive vote by the UK electorate on June 23 to "take their country back" represents just the latest, and arguably biggest, shock in what can only be described as a decade of seismic activity for the European project. Indeed, it is hard to believe in post-Brexit 2016 that only a little more than a decade ago, in 2004, Jeremy Rifkin could proclaim the "European Dream […] a beacon of light in a troubled world," beckoning, as it were, "a new age of inclusivity, diversity, quality of life, deep play, sustainability, universal human rights, the rights of nature, and peace on Earth." 2 Such lofty words must sound no less than ludicrous to the sober and cynical minds of contemporary Europeans who see seemingly entrenched post-War realities, many having to do with European integration, assailed head on. What makes this (again seemingly) dramatic change yet harder to digest is, of course, the fact that much of the damage is self-inflicted. It is decidedly not the same as some external oil-price shock to which an otherwise wellgoverned and self-conscious incipient political community has suddenly been exposed. Instead, the Brexit vote symbolizes more starkly than anything else the deep crisis that has been building up within the European project for a much longer time than its proponents would wish to admit.
Zeitschrift für Ideengeschichte, 2021
Lateinamerika steht in mehrfacher Hinsicht sowohl am Anfangs- wie auch am Endpunkt des Kolonialis... more Lateinamerika steht in mehrfacher Hinsicht sowohl am Anfangs- wie auch am Endpunkt des Kolonialismus: am Anfang zum einen, da zumindest aus der Perspektive lateinamerikanischer Autoren die Entdeckung Amerikas nicht nur den eigentlichen Ausgangspunkt des modernen Kolonialismus darstellt. Zum anderen steht Lateinamerika aber auch am Anfang der Dekolonisation, die dort überwiegend bereits im 19. Jahrhundert stattfand und zur Überführung der einstigen spanischen und portugiesischen Kolonien in unabhängige Gemeinwesen führte, die nominell dem Muster europäischer Nationalstaaten folgten, faktisch aber vom Kolonialismus im Inneren und Äußeren gezeichnet blieben.
Oxford University Press eBooks, Jun 2, 2016
Edward Elgar Publishing eBooks, Feb 22, 2019
Martinus Nijhoff Publishers eBooks, Feb 19, 2010
This introductory chapter briefly explores the practice of theorizing international law. Theorizi... more This introductory chapter briefly explores the practice of theorizing international law. Theorizing is an inherent part of the practice of international law. Theories of international law have attempted to demonstrate that laws governing the conduct of sovereigns exist at all, and have been concerned with the attempt to connect emerging forms of international legal practice to a philosophical or historical tradition from which international law is said to originate, or to develop a method for interpreting or systematizing international law. The relation of international law to the modern state has been the focus of much theoretical work, both by those seeking to challenge the state’s role as the privileged subject of international law or by those seeking to argue that recognition of its importance and status have been lost.
The Battle for International Law
The human rights story during the decolonization era covers a range of (critical) legal perspecti... more The human rights story during the decolonization era covers a range of (critical) legal perspectives. This chapter examines the role the incipient discourse and (international) institutional framework of human rights supposedly played in decolonization. It begins with the acceptance of the Universal Declaration of Human Rights by the still-colonized militants of decolonization and their use of (human) rights language to articulate core demands of self-government, self-determination, and (racial) equality. In particular, it examines the UN, where colonizing powers faced adverse international public opinion and led, first, to their withdrawal, followed by the gradual identity formation of the third world. It discusses the Bandung and Teheran conferences, the Non-Aligned Movement and the Pan-African Movement, and the right to non-discrimination and the right to development. It aims to show the positive impact human rights have had on the decolonization process, decolonization, and the ...
Law, Culture and the Humanities, 2020
The paper contrasts two complementary ways of conceptualising death in the context of the ongoing... more The paper contrasts two complementary ways of conceptualising death in the context of the ongoing COVID-19 pandemic, notably death-in-the-plural, which involves death as an objective and collective...
German Law Journal, 2016
Back in 2007, the year during which, alongside others, Romania and Bulgaria joined the European U... more Back in 2007, the year during which, alongside others, Romania and Bulgaria joined the European Union (in January) and the world financial crisis began with the French global investment bank BNP Paribas terminating withdrawals from several sub-prime loaded hedge funds (in August), Perry Anderson concluded aLondon Review of Booksessay entitled, “Depicting Europe,” with words that today must be seen as prophetic: “the long-run outcome of [European] integration remains unforeseeable to all parties. Even without shocks, many a zigzag has marked its path. With them, who knows what further mutations might occur.” The narrow but decisive vote by the UK electorate on June 23 to “take their country back” represents just the latest, and arguably biggest, shock in what can only be described as a decade of seismic activity for the European project. Indeed, it is hard to believe in post-Brexit 2016 that only a little more than a decade ago, in 2004, Jeremy Rifkin could proclaim the “European Dre...
Leiden Journal of International Law, 2016
The Oxford Handbook of the Theory of International Law, 2016
This chapter attempts to measure the gap between law and politics, in a recapitulation of where t... more This chapter attempts to measure the gap between law and politics, in a recapitulation of where the liberal project of international law stands, as framed within the tensions evident in the international lawyers’ professional preference for legal objectivism and political agnosticism and, on the other hand, their equally professional unwillingness to openly admit to this preference. Legalism represents that gap, yet it is curiously everywhere and nowhere in international law, a paradox produced by the still empty space between the law and the political. But if one follows a historical-critical reading of international law, ‘legalism’ was already born as an ideological framework to defend a liberal internationalist project.
Oxford Bibliographies Online Datasets
The Struggle for Human Rights evaluates the themes of law, politics, and practice which together ... more The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it\u27s inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today – its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.https://scholarship.law.columbia.edu/books/1320/thumbnail.jp
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Papers by Florian Hoffmann