‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.     

On the Tragedy of the Modern Condition: The ‘Theologico-Political Problem’ in Carl Schmitt,Leo Strauss,and Hannah Arendt

This article addresses Eric L. Santner’s claim that “there is more political theology in everyday life than we might have ever thought” by analyzing the “theologico-political problem” in the work of three prominent twentieth-century political thinkers—Carl Schmitt, Leo Strauss, and Hannah Arendt. Schmitt, Strauss, and Arendt share a preoccupation with the crisis of modern political liberalism and confront the theologico-political problem in a similar spirit: although their responses differ dramatically, their individual accounts dwell on the absence of incontestable principles in modern society that can justify life-in-common and the persistence of the political order. Their writings thus engage with the question of the place of “the absolute” in the political realm. In particular, Arendt’s indirect approach to the theologico-political problem is crucial to understanding the radicality of a political world in which traditional certainties can no longer be re-established. The theoretical trajectory I present suggests that the dispersion of political theology in everyday life has a specific corollary: modern politics operates within the tragic and paradoxical nature of its unstable and common origins that cannot be incorporated in exceptionalist versions of the body politic.     

Carl Schmitt on land and sea

Carl Schmitt (1888-1985), one of the leading conservative legal thinkers of the Weimar Republic and Nazi Germany, is best known today for his critique of liberalism. Between the late 1930s and mid-1950s, Schmitt wrote numerous articles and two books addressing the mythical and geopolitical significance of land and sea. In recent years, these texts have begun to attract attention from historians as well as theorists. This article reconstructs the origins of Schmitt's theories about land and sea, and shows how they developed in the context of his efforts to delegitimize the British Empire and justify the persecution of Jews. It also explains how Schmitt selectively misread the history of maritime law in order to critique the ‘freedom of the seas.’ Finally, it reveals that the meaning Schmitt ascribed to ‘the opposition of the elements of land and sea’ changed dramatically to suit his political needs. For all their evocative qualities and insights, Schmitt's texts on land and sea do not constitute a coherent theory, but rather a shifting field of polemical positions in search of theoretical support.     

On political theology: A controversy between Hans Kelsen and Carl Schmitt

This article pays special attention to the large number of references to political theology by Hans Kelsen and Carl Schmitt, particularly in the interwar period, and seeks to interpret these references in a new way. While Schmitt's analogies between God and state are to be expected considering his strong Catholic roots, such comparisons are much more surprising for a positivist like Hans Kelsen, who always tried to relieve state and law from transcendental elements. The article concludes that, far from being marginal in the doctrinal dispute between Schmitt and Kelsen, references to political theology express and summarize their major controversy about the relation between state and law, as well as about the sources of the state's unity. The heart of the disputatio between the two jurists concerned the ability of the political power to emancipate itself from the juridical order. The ‘legal miracle’—in this context meaning the occasional autonomization of the state from law—was for Schmitt the manifestation of sovereign power. However, for Kelsen it represented the negation of the state's essence, whose actions must be determined only by the legal order.     

从权利角度看毛泽东国际政治理论的思想渊源

毛泽东国际政治理论是关于国际社会弱势群体为争取和维护自身正当权利、追求国际社会正义和人类进步的一种国际政治理论。从权利的角度看,中国传统文化中的民本思想、近代西方永久和平思想与民权思想以及马克思主义国际政治思想等因素对毛泽东国际政治理论的产生有着深刻的影响。     

Despairing at ‘A World Made New’? South Africa Encounters the Post-war Human Rights Idea

ABSTRACT

This article surveys the efforts of the South African state to respond to the reconfigured world that emerged after 1945. Focussed on those years around the adoption of the 1948 Universal Declaration of Human Rights (UDHR), it argues that South African governments and officials were well attuned to the rising threat of human rights. Drawing on South African archives, it demonstrates that representatives of late United Party and early apartheid era governments were insightful observers of the mortal danger universal human rights posed to the racialised ideological architecture which governed essentially all of the country’s politics and society. Paradoxically, the most avowed opponents of the new crusade for universal human rights perceived its significance with equal or greater acuity than those more enthusiastic about the nascent rights order.     

试论在美国的中国公民权益受侵犯及其保护

针对目前在美国的中国公民权益受侵犯案件时常发生的现状,结合对从美国回来的华侨进行的社会调查,从国际法的视角,分析了在美国的中国公民权益受侵犯的主要现象和原因;指出了侵犯在当地的中国公民权益,是对国际法上关于国际人权保护和反种族歧视原则的践踏;并就如何保护在美国的中国公民权益问题提出了自己的看法。     

当代西方人文地理学研究动态——《人文地理学词典》评述

通过对约翰斯顿等人编著的《人文地理学词典》(第三版)的分析,揭示当今西方人文地理学的研究动态,指出中国人文地理学的发展差距。     

‘How Time Flies’: Celebrating the Universal Declaration of Human Rights in the 1960s

Recent histories of human rights have identified the 1970s as the most decisive epoch in the birth of the modern rights era. These works have tended toward a parenthetic dismissal of the period 1948–70 as years of interregnum, of marginal impact to the ‘breakthrough’ moment which followed. This article argues for a more complex periodisation, and reclaims the importance of the 1960s. Far from an undifferentiated abyss, the two decades between the adoption of the Universal Declaration of Human Rights (UDHR) and the 1968 International Human Rights Year held their own shifts, integral to the evolution of modern human rights. A crucial transition in the status of the UDHR occurred across the mid-1960s, roughly aligned with the terminal years of liberal post-colonialism. Through a comparison of two hitherto neglected events in the history of human rights, the fifteenth and twentieth anniversary commemorations of the UDHR, in December 1963 and 1968, this article traces the trajectory of that transition. These commemorations, concentrated moments of explicit reflection on the meaning of human rights, encapsulated the gulf between the early and the late 1960s. In the space of five years, any vestigial consensus on the vision enunciated in 1948 was obliterated.     

North Korea’s participation in the Universal Periodic Review of Human Rights

North Korea’s participation in the UNHRC’s Universal Periodic Review (UPR)—a peer review in which states make recommendations to one another for improving human rights implementation—is a notable exception to its rejection of other human rights mechanisms. What explains North Korea’s willing participation in the UPR? This essay analyses North Korea’s participation in the first (2008–11) and second (2012–15) UPR cycles through its written submissions, responses to recommendations, and recommendations to other states. It finds that North Korea has consistently accepted weak recommendations, rejected more specific policy changes, and implemented accepted recommendations on a limited basis, allowing it to claim compliance with human rights at minimal cost. The UPR’s reliance on states’ self-reports and its inability to adjudicate competing factual claims allow North Korea to reject claims of egregious abuses, openly advocate for a radically state-centric vision of human rights, and challenge the legitimacy of human rights mechanisms like the Commission of Inquiry and Special Rapporteur while building support from other states with similar views. Notably, the Commission of Inquiry appears to have motivated North Korea to increase its cooperation with the UPR, demonstrating that the UPR complements but cannot replace other UN human rights mechanisms.