Matthias Goldmann
Biographic Data
| ID | 6547796 |
|---|---|
| NAME | Matthias Goldmann |
| GIVEN NAMES | Matthias |
| FAMILY NAME | Goldmann |
| SIGNATURE | GOLDMANN M |
| AFFILIATIONS | Max Planck Institute for Comparative Public Law and International Law |
| ORCID | 0000-0002-6551-1624 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 21 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
The ambiguity of colonial international law: Three approaches to the Namibian Genocide
A visible sign of changing relations between the Global South and Global North are reparation claims for colonial injustice. An interesting case is the 1904–1907 Namibian Genocide. Germany has recently concluded a draft agreement with Namibia on reconciliation and compensation. Nevertheless, Germany maintains that it is not under any legal obligation to pay reparations. This article challenges that position, arguing that colonial international la…
Matthias Goldmann, Review of Bénédicte Savoy, Afrikas Kampf um seine Kunst. Geschichte einer postkolonialen Niederlage [Africa’s Fight for Its Cultural Heritage: [History of a Postcolonial Defeat]
From the movie Black Panther to Emanuel Macron's 2017 Ouagadougou speech, restituting looted art to former colonial territories and protectorates is all the rage.A hotspot of recent debate is Germany, provoked by the opening of the freshly reconstructed Hohenzollern Castle right in the centre of Berlin, the former imperial capital and host of the 1884 Berlin Congress that sealed the European conquest of Africa, much to the delight of the German e…
As Darkness Deepens: The Right to be Forgotten in the Context of Authoritarian Constitutionalism
There is no point in denying the significance of the Right to be forgotten for the state of judicial dialogue in Europe. It vindicates the position of the BVerfG as a court deserving international recognition for advancing the law in the crucial field of data protection. Nevertheless, restricting the scope of analysis to the narrow context of judicial dialogue misses the wider context of the rise of authoritarian constitutionalism in certain EU M…
The European Economic Constitution after the PSPP Judgment: Towards Integrative Liberalism
This article argues that the PSPP judgment effectively buries the era of financial liberalism, which has dominated the European economic constitution for decades. It raises the curtain on a new political paradigm, which I call “integrative liberalism”. Whereas the financial crisis put financial liberalism under strain, the development since then has been contradictory, torn between state intervention and market liberalism, focused above all on bu…
Human rights and democracy in economic policy reform: The European Covid-19 response under scrutiny
This article argues that the impact of economic policy reforms on democratic institutions might compromise the enjoyment of human rights, especially economic, social, and cultural rights (ESC rights). This impact is twofold: First, economic reform policies driven by international and supranational institutions compromise democratic self-determination. Second, economic reform policies driven by the need to reduce public expenditure might put margi…
Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law
This chapter endeavours to identify common assumptions characterizing the sources doctrine in international law. Those are: the autonomy of international law from politics, morality, economics, etc.; the focus on binding, enforceable rules; and State consent as the source of legitimacy of international law. Today, each of these assumptions is being challenged. To address these challenges, the chapter proposes to further develop the sources theory…
Public and Private Authority in a Global Setting: The Example of Sovereign Debt Restructuring
This article argues that the public-private distinction is essential for safeguarding individual autonomy and democracy. As the article shows at the example of sovereign debt restructuring, global governance has blurred the distinction between public and private actors, instruments, and processes, and this causes immediate risks for human rights and democracy. This raises the question how the public-private distinction can be maintained under the…
From Public International to International Public Law: Translating World Public Opinion into International Public Authority
This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it enables and disciplines the pursuit of public interests by international institutions. We consider such activities as exercises of international public auth…
A matter of perspective: Global governance and the distinction between public and private authority (and not law)
This article argues that a distinction between the public and the private is both desirable and feasible in times of global governance, at least as a regulative idea. The confusion surrounding this distinction originates in different understandings of the relationship between state and society in liberalism and republicanism. Discourse theory with its idea of the co-origin of democracy and human rights reconceptualises the relationship between st…
Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance
According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal, functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last coupl…
Soft Law and Other Forms of International Public Authority – The View from Discourse Theory: A Reply to Jaye Ellis
When the editors of this journal asked me to write a comment on Jaye Ellis's paper, I was immediately fascinated by the prospect of engaging in a rigorous debate, perhaps one as controversial as that between Hans Kelsen and Eugen Ehrlich on legal scholarship and legal sociology about 100 years ago – although I am unable to reach the brilliance of those thinkers, and probably also their level of polemics. 1 Now that I have read Jaye's paper, my ex…
We Need to Cut Off the Head of the King: Past, Present, and Future Approaches to International Soft Law
This article surveys contemporary approaches to international soft law, such as various types of legal positivism, legal realism, critical legal studies, and global administrative law. It scrutinizes to what extent the concept of law endorsed by each of these approaches is able to tackle two challenges caused by the spread of soft law as a means of governance: (1) the fact that international soft law is today often the functional equivalent of in…
Anmerkung
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
From Public International to International Public Law: Translating World Public Opinion into International Public Authority
This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it enables and disciplines the pursuit of public interests by international institutions. We consider such activities as exercises of international public auth…
The ambiguity of colonial international law: Three approaches to the Namibian Genocide
A visible sign of changing relations between the Global South and Global North are reparation claims for colonial injustice. An interesting case is the 1904–1907 Namibian Genocide. Germany has recently concluded a draft agreement with Namibia on reconciliation and compensation. Nevertheless, Germany maintains that it is not under any legal obligation to pay reparations. This article challenges that position, arguing that colonial international la…
We Need to Cut Off the Head of the King: Past, Present, and Future Approaches to International Soft Law
This article surveys contemporary approaches to international soft law, such as various types of legal positivism, legal realism, critical legal studies, and global administrative law. It scrutinizes to what extent the concept of law endorsed by each of these approaches is able to tackle two challenges caused by the spread of soft law as a means of governance: (1) the fact that international soft law is today often the functional equivalent of in…
A matter of perspective: Global governance and the distinction between public and private authority (and not law)
This article argues that a distinction between the public and the private is both desirable and feasible in times of global governance, at least as a regulative idea. The confusion surrounding this distinction originates in different understandings of the relationship between state and society in liberalism and republicanism. Discourse theory with its idea of the co-origin of democracy and human rights reconceptualises the relationship between st…
Anmerkung
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Soft Law and Other Forms of International Public Authority – The View from Discourse Theory: A Reply to Jaye Ellis
When the editors of this journal asked me to write a comment on Jaye Ellis's paper, I was immediately fascinated by the prospect of engaging in a rigorous debate, perhaps one as controversial as that between Hans Kelsen and Eugen Ehrlich on legal scholarship and legal sociology about 100 years ago – although I am unable to reach the brilliance of those thinkers, and probably also their level of polemics. 1 Now that I have read Jaye's paper, my ex…
We Need to Cut Off the Head of the King: Past, Present, and Future Approaches to International Soft Law
This article surveys contemporary approaches to international soft law, such as various types of legal positivism, legal realism, critical legal studies, and global administrative law. It scrutinizes to what extent the concept of law endorsed by each of these approaches is able to tackle two challenges caused by the spread of soft law as a means of governance: (1) the fact that international soft law is today often the functional equivalent of in…
Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance
According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal, functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last coupl…
A matter of perspective: Global governance and the distinction between public and private authority (and not law)
This article argues that a distinction between the public and the private is both desirable and feasible in times of global governance, at least as a regulative idea. The confusion surrounding this distinction originates in different understandings of the relationship between state and society in liberalism and republicanism. Discourse theory with its idea of the co-origin of democracy and human rights reconceptualises the relationship between st…
From Public International to International Public Law: Translating World Public Opinion into International Public Authority
This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it enables and disciplines the pursuit of public interests by international institutions. We consider such activities as exercises of international public auth…
Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law
This chapter endeavours to identify common assumptions characterizing the sources doctrine in international law. Those are: the autonomy of international law from politics, morality, economics, etc.; the focus on binding, enforceable rules; and State consent as the source of legitimacy of international law. Today, each of these assumptions is being challenged. To address these challenges, the chapter proposes to further develop the sources theory…
Public and Private Authority in a Global Setting: The Example of Sovereign Debt Restructuring
This article argues that the public-private distinction is essential for safeguarding individual autonomy and democracy. As the article shows at the example of sovereign debt restructuring, global governance has blurred the distinction between public and private actors, instruments, and processes, and this causes immediate risks for human rights and democracy. This raises the question how the public-private distinction can be maintained under the…
As Darkness Deepens: The Right to be Forgotten in the Context of Authoritarian Constitutionalism
There is no point in denying the significance of the Right to be forgotten for the state of judicial dialogue in Europe. It vindicates the position of the BVerfG as a court deserving international recognition for advancing the law in the crucial field of data protection. Nevertheless, restricting the scope of analysis to the narrow context of judicial dialogue misses the wider context of the rise of authoritarian constitutionalism in certain EU M…
The European Economic Constitution after the PSPP Judgment: Towards Integrative Liberalism
This article argues that the PSPP judgment effectively buries the era of financial liberalism, which has dominated the European economic constitution for decades. It raises the curtain on a new political paradigm, which I call “integrative liberalism”. Whereas the financial crisis put financial liberalism under strain, the development since then has been contradictory, torn between state intervention and market liberalism, focused above all on bu…
Human rights and democracy in economic policy reform: The European Covid-19 response under scrutiny
This article argues that the impact of economic policy reforms on democratic institutions might compromise the enjoyment of human rights, especially economic, social, and cultural rights (ESC rights). This impact is twofold: First, economic reform policies driven by international and supranational institutions compromise democratic self-determination. Second, economic reform policies driven by the need to reduce public expenditure might put margi…
Matthias Goldmann, Review of Bénédicte Savoy, Afrikas Kampf um seine Kunst. Geschichte einer postkolonialen Niederlage [Africa’s Fight for Its Cultural Heritage: [History of a Postcolonial Defeat]
From the movie Black Panther to Emanuel Macron's 2017 Ouagadougou speech, restituting looted art to former colonial territories and protectorates is all the rage.A hotspot of recent debate is Germany, provoked by the opening of the freshly reconstructed Hohenzollern Castle right in the centre of Berlin, the former imperial capital and host of the 1884 Berlin Congress that sealed the European conquest of Africa, much to the delight of the German e…
The ambiguity of colonial international law: Three approaches to the Namibian Genocide
A visible sign of changing relations between the Global South and Global North are reparation claims for colonial injustice. An interesting case is the 1904–1907 Namibian Genocide. Germany has recently concluded a draft agreement with Namibia on reconciliation and compensation. Nevertheless, Germany maintains that it is not under any legal obligation to pay reparations. This article challenges that position, arguing that colonial international la…
Political science (11 works) · Law (9 works) · Politics (8 works) · Sociology (7 works) · International Law and Human Rights (6 works) · Law (6 works) · Law and economics (5 works) · Legitimacy (5 works) · Economics (4 works) · International law (4 works)