'Deadlines – Derrida and Critical Legal
Studies', in Goodrich, Hoffmann, Rosenfeld, Vismann (eds.),
Derrida and Legal Philosophy (Palgrave Macmillan
2008)
'Accountability for Social and Economic Rights in Brazil',
with Fernando R.M. Bentes, in Gauri and Brinks (eds.), Courting Social
Justice: Judicial Enforcement of Social and Economic Rights in the
Developing World (CUP 2008)
This
book is a first-of-its-kind, five-country empirical study of the causes and
consequences of social and economic rights litigation. Detailed studies of
Brazil, India, Indonesia, Nigeria, and South Africa present systematic and
nuanced accounts of court activity on social and economic rights in each
country. The book develops new methodologies for analyzing the sources of
and variation in social and economic rights litigation, explains why actors
are now turning to the courts to enforce social and economic rights,
measures the aggregate impact of litigation in each country, and assesses
the relevance of the empirical findings for legal theory. This book argues
that courts can advance social and economic rights under the right
conditions precisely because they are never fully independent of political
pressures.
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'In Quite a State: trials and tribulations of an old
concept in new times', in Miller and Bratspies, Progress in International
Law (Brill Academic Publishing / Martinus Nijhoff 2008)
Progress in International Law is a comprehensive
accounting of international law for our times. Forty leading international
law theorists analyze the most significant current issues in international
law and their critical assessments draw diverse conclusions about the
current state and future prospects of international law. The material is
grouped under the headings: The History and Theory of International Law; The
Sources of International Law and Their Application in the United States;
International Actors; International Jurisdiction and International
Jurisprudence; The Use of Force and the World's Peace; and The Challenge of
Protecting the Environment and Human Rights. The book draws its inspiration
from a similar survey undertaken in 1932 by Harvard Law Professor and PCIJ
Judge Manley O. Hudson. In his book Progress in International
Organization, Hudson sought to demonstrate that what he perceived as an
emerging international infrastructure, and as moves toward the rule of law
in international affairs, were sure signs of human progress towards peace
and cooperation. Progress in International Law critically engages with that
claim as a normative matter and, at the same time, presents the evidence by
which a judgment about our own progress towards peace and cooperation might
be judged.
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'An Epilogue on an Epilogue', in Special Issue on the
re-edition of Martti Koskenniemi's 'From Apology to Utopia', (2006) 7(12)
German Law Journal
'A Transplantabilidade dos Direitos Humanos -- reflexões acerca de um conceito clássico do direito comparado' (The Transplantability of Human Rights: reflections on a classic concept of comparative law), (2006) 28
Direito, Estado, Sociedade
'Shooting in the Dark: reflections towards a pragmatic theory of human rights
(activism)", (2006) 41(3) Texas International Law Journal, 403-414
'Human Rights, the Self, and the Other – reflections on a pragmatic theory of
human rights', in Orford (ed.), International Law and Its Others (CUP
2006)
Institutional
and political developments since the end of the Cold War have led to a
revival of public interest in, and anxiety about, international law. Liberal
international law is appealed to as offering a means of constraining power
and as representing universal values. This book brings together scholars who
draw on jurisprudence, philosophy, legal history and political theory to
analyse the stakes of this turn towards international law. Contributors
explore the history of relations between international law and those it
defines as other - other traditions, other logics, other forces, and other
groups. They explore the archive of international law as a record of
attempts by scholars, bureaucrats, decision-makers and legal professionals
to think about what happens to law at the limits of modern political
organization. The result is a rich array of responses to the question of
what it means to speak and write about international law in our time.
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'Sistema Europeu', in Piovesan, Código do Direito
Internacional dos
Direitos
Humanos (DPJ Editora 2007)
'A Beacon of Light
in the Dark ? – the UN's experience
with peacekeeping ombudspersons as illustrated by the Ombudsperson Institution
in Kosovo', in de Koning/Aoi (eds.), The Unintended Consequences of
Peacekeeping (UNU Press 2007)
Peacekeeping
operations have unintended consequences – this fact has long been ignored by
both practitioners and researchers. The deployment of a large number of
soldiers, police officers and civilian personnel inevitably has various
effects on the host society and economy, not all of which are in keeping
with the peacekeeping mandate and intent or are easily discernible prior to
the intervention. Such unintended consequences are especially serious when
they cause harm to the local community, as in the case of sexual abuse and
exploitation, corruption or the creation of a false economy. Unintended
side-effects can also negatively affect the ability of the peacekeeping
mission to achieve its mandate. This book is one of the first attempts to
improve our understanding of unintended consequences of peacekeeping
operations, by bringing together field experiences and academic analysis.
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'Introductory
Editorial: Jacques Derrida: before,
through, and beyond (the) law', with Cornelia Vismann, Special Section on
Derrida and the Law, (2005) 6(1) German Law Journal
'Epilogue: in lieu of conclusion', Special Section on Derrida and the Law,
(2005) 6(1) German Law Journal
'An Ombudsperson for the United Nations ?',
co-author with Frédéric Mégret, (2005) 11(9)
43
'Par-delà l'universalisme et le relativisme : la Cour
européenne des droits de l'homme et les dilemmes de la diversité culturelle',
co-author with Julie Ringelheim, (2004) 52 Revue interdisciplinaire d'études
juridiques 109-142
Reflexões Sobre Ronald Dworkin e a Jurisprudência Contemporânea
(Reflections on Ronald Dworkin and Contemporary Jurisprudence), in
Antônio C. Maia, Carolina C.Melo, Gisele Cittadino, e Thamy Pogrebinschi (eds.):
Novas Perspectivas da Filosofia do Direito (New Perspectives on the
Philosophy of Law), Editora Lumen Juris, 2004
'Human Rights and Political Liberty – a comment on Edward Rubin's "Rethinking
Human Rights"', (2003) 9 International Legal Theory 105-122
'The UN as a Human Rights Violator ? Some Reflections on the UN's Changing Human
Rights Responsibilities', co-author with Frédéric Mégret, (2003) 25(2) Human
Rights Quarterly 314-342
This article attempts to explore how changes in the UN's
mission may force it to rethink its responsibilities in terms of human
rights. Until recently, the UN had never thought of itself as actually
capable of violating human rights. But a number of evolutions have made this
a possibility. Starting with peace operations and culminating with the
international administration of entire territories, the UN is increasingly
taking on sovereign-like functions. This evolution may be seen as a larger
metaphor for what the UN is becoming, from a traditional inter-governmental
organization to one increasingly entrusted with tasks of global governance.
With these new powers, it would seem, come new responsibilities.
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'Labour Law and European Integration – an interview with Prof.
Silvana Sciarra', co-author with Diamond Ashiagbor, (Summer 2002) EUI Review
12-13
'Watershed or Phoenix from the Ashes ? – Speculations on
the Future of International Law after the September 11 Attacks', in (2001) 2(16)
German Law Journal
'Much Process, Little Peace: the Israeli-Palestinian peace
process in question / Beaucoup de Processus, Peu de Paix : le processus de
paix israelo-palestinien en question' (bilingual) co-author with Julie
Ringelheim, (Spring 2001) EUI Review 50-55
Florian Hoffmann
