International Law and Reparations

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Author :
Publisher : Clarity Press
ISBN 13 : 0997896582
Total Pages : 897 pages
Book Rating : 4.9/5 (978 download)

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Book Synopsis International Law and Reparations by : Claudio Grossman

Download or read book International Law and Reparations written by Claudio Grossman and published by Clarity Press. This book was released on 2018-02-24 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the most thorough analysis to date on the jurisprudence of the Inter-American Court of Human Rights (IACtHR) concerning full reparations. This jurisprudence interprets Article 63 of the American Convention on Human Rights. In its interpretation of the Convention, the IACtHR is guided by the important notion that human rights instruments should be interpreted in light of its object and purpose, in accordance with the State members of the Organization of the American States. The Court’s jurisprudence ensures that victims of human rights violations are awarded not only monetary compensation in cases, but also a full array of reparations designed to restore their dignity and reaffirm the value of the rule of law. Accordingly, reparation also includes moral compensation, guarantees of non repetition, and truth as a measure of satisfaction. More specifically, the book explores the notions of “fair remedy,” “injured party,” and the possibility of achieving “restitutio in integrum” for human rights violations through an analysis of decisions issued by the Inter-American Court. The book urges its reader to consider not only the current status of the law, but also the role played by victims, lawyers, Commissioners, and Judges in its jurisprudential development. As a living instrument, the value of the American Convention depends in great part on their actions and decisions. This book, by presenting the role of the different actors through concrete cases that shaped the system, encourages everyone to think how the System should continue to satisfy the aspirations of justice in cases of human rights violations.

Reparations for Victims of Armed Conflict

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Publisher : Cambridge University Press
ISBN 13 : 1108480950
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reparations for Victims of Armed Conflict by : Cristián Correa

Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Reconsidering Reparations

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Publisher : Oxford University Press
ISBN 13 : 0197508898
Total Pages : 281 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Reconsidering Reparations by : Olúfhemi O. Táíwò

Download or read book Reconsidering Reparations written by Olúfhemi O. Táíwò and published by Oxford University Press. This book was released on 2022 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--

Collective Reparations

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Publisher :
ISBN 13 : 9781780687056
Total Pages : 0 pages
Book Rating : 4.6/5 (87 download)

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Book Synopsis Collective Reparations by : Diana Odier Contreras-Garduno

Download or read book Collective Reparations written by Diana Odier Contreras-Garduno and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.

Right to Reparations

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Publisher : Rowman & Littlefield
ISBN 13 : 1793637881
Total Pages : 225 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Right to Reparations by : Rachel Blumenthal

Download or read book Right to Reparations written by Rachel Blumenthal and published by Rowman & Littlefield. This book was released on 2021-07-07 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107019974
Total Pages : 299 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139510800
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

Realizing Reparative Justice for International Crimes

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Publisher : Cambridge University Press
ISBN 13 : 1108597084
Total Pages : 287 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Realizing Reparative Justice for International Crimes by : Miriam Cohen

Download or read book Realizing Reparative Justice for International Crimes written by Miriam Cohen and published by Cambridge University Press. This book was released on 2020-07-02 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity

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Author :
Publisher : BRILL
ISBN 13 : 9004377190
Total Pages : 790 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by : Carla Ferstman

Download or read book Reparations for Victims of Genocide, War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2020-02-17 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

The right to individual reparations for systematic crimes. Legal basis, scope, enforcement

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Publisher : GRIN Verlag
ISBN 13 : 3668636699
Total Pages : 44 pages
Book Rating : 4.6/5 (686 download)

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Book Synopsis The right to individual reparations for systematic crimes. Legal basis, scope, enforcement by : Kevin Couvillion

Download or read book The right to individual reparations for systematic crimes. Legal basis, scope, enforcement written by Kevin Couvillion and published by GRIN Verlag. This book was released on 2018-02-14 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2016 in the subject Law - Penology, grade: 16,00, Humboldt-University of Berlin (Lehrstuhl für deutsches und internationales Strafrecht, Strafprozessrecht und Juristische Zeitgeschichte), course: Transitional Justice, language: English, abstract: The aim of this paper is to contour a normative model of reparations in transitional societies – alternatively dubbed as reparatory justice – and assess to what extent redress has become individualized and truly victim–oriented. It seeks to convey the vital demand associated with reparations: To restore the victim’s sense of dignity and moral worth and to remove his burden of disparagement often connoted with victimhood. Throughout the past decades various states have emerged in processes of replacing pre–democratic political systems which have commissioned mass atrocities under an authoritarian rule. These young nations – often lacking a coherent institutional architecture and financial resources – are confronted with the mammoth task of instating a functioning government and developing a rule of law. Criminal prosecutions, lustration, truth commissions and a general notion of reconciliation – said “policies of coming to terms with the past” (stemming from its German original Vergangenheitsbewältigung) form the cornerstone of what is collectively described as transitional justice. The arguably most important duty of transitional democracies, however, is to identify victims and perpetrators of the previous regime and to provide adequate redress for individuals without jeopardizing the newly found peace and stability. Much of the literary discussion has been criticized for poorly addressing the needs of victims and placing the issue of reparations on the sidelines. Further, transitional justice programs often had the practical effect of subordinating the individual victims to the majority’s desire to ignore the past. Several reparations initiatives have even been accused of re–victimizing the survivors or attempting to buy the victims’ silence.

The right to a remedy and to reparation for gross human rights violations : a practitioners' guide

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Author :
Publisher :
ISBN 13 : 9789290371069
Total Pages : 0 pages
Book Rating : 4.3/5 (71 download)

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Book Synopsis The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by : Cordula Dröge

Download or read book The right to a remedy and to reparation for gross human rights violations : a practitioners' guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher :
ISBN 13 : 9781139517867
Total Pages : 277 pages
Book Rating : 4.5/5 (178 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by . This book was released on 2012 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

The Case for Black Reparations

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Publisher : Beacon Press
ISBN 13 : 9780807009819
Total Pages : 212 pages
Book Rating : 4.0/5 (98 download)

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Book Synopsis The Case for Black Reparations by : Boris Bittker

Download or read book The Case for Black Reparations written by Boris Bittker and published by Beacon Press. This book was released on 2003-05-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The groundbreaking first book on black reparations, essential reading for the twenty-first century Originally published in 1972, Boris Bittker's riveting study of America's debt to African-Americans was well ahead of its time. Published by Toni Morrison when she was an editor, the book came from an unlikely source: Bittker was a white professor of law at Yale University who had long been ambivalent about the idea of reparations. Through his research into the history and theory of reparations-namely the development and enforcement of lawsdesigned to compensate groups for injustices imposed on them-he found that it wasn't a'crazy, far-fetched idea.' In fact, beginning with post-Civil War demands for forty acres and a mule, African-American thinkers have long made the case that compensatory measures are justified not only for the injury of slavery but for the further setbacks of almost a century of Jim Crow laws and forced school and job segregation, measures that effectively blocked African-Americans from enjoying the privledges of citizenship. The publication of important recent books by black scholars like Randall Robinson and the growth of a highly vocal reparations movement in the beginning of this century make this book, long unavailable, essential reading. Bittker carefully illuminates the historical provisions and statutes for legitimate claims to reparations, the national and international precedents for such claims, and most important, the obstacles to a national policy of reparations.

Repair

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Publisher : Haymarket Books
ISBN 13 : 1608466264
Total Pages : 169 pages
Book Rating : 4.6/5 (84 download)

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Book Synopsis Repair by : Katherine Franke

Download or read book Repair written by Katherine Franke and published by Haymarket Books. This book was released on 2019-05-21 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling case for reparations based on powerful, first-person accounts detailing both the horrors of slavery and past promises made to its survivors. Katherine Franke makes a powerful case for reparations for Black Americans by amplifying the stories of formerly enslaved people and calling for repair of the damage caused by the legacy of American slavery. Repair invites readers to explore the historical context for reparations, offering a detailed account of the circumstances that surrounded the emancipation of enslaved Black people in two unique contexts, the Sea Islands of South Carolina and Davis Bend, Mississippi, Jefferson Davis’s former plantation. Through these two critical historical examples, Franke unpacks intergenerational, systemic racism and white privilege at the heart of American society and argues that reparations for slavery are necessary, overdue and possible. Praise for Repair “Essential . . . Franke engages the original debates concerning the conditions upon which newly freed Black people would rebuild their lives after slavery. Franke powerfully illustrates the repercussions of the unfilled promise of land redistribution and other broken promises that consigned African Americans to another one hundred years of second-class citizenship. Franke passionately argues that the continuation of those vast disparities between Black and white people in U.S. society—a product of slavery itself—means that the struggle for reparations remains a relevant demand in the current movements for racial justice.” —Keeanga-Yamahtta Taylor, author of From #BlackLivesMatter to Black Liberation “Repair revisits the revolutionary era of Reconstruction . . . when the redistribution of land and wealth as recompense for unrequited toil could have secured genuine freedom for Black people rather than a future of racial inequality, exploitation, marginalization, and precarity . . . . Franke makes a persuasive case for reparations as at least a first step toward creating the conditions for genuine freedom and justice, not only for African Americans but for all of us.” —Robin D. G. Kelley, author of Freedom Dreams: The Black Radical Imagination “Katherine Franke argues for a type of Black freedom that is material and felt—freedom that is more than a poetic nod to claims of American moral comeuppance. Repair . . . is a critical text for our times that demands an honest reckoning with the consequences, and afterlife, of the sin that was chattel enslavement. It is bold call for reparations and costly atonement.” —Darnell L. Moore, author of No Ashes in the Fire: Coming of Age Black & Free in America “Katherine Franke is consistently one of the sharpest, most conscientious thinkers in progressive politics. In a time defined by crisis and conflict, Katherine is among that small number of thinkers whom I find indispensable.” —Jelani Cobb, New Yorker columnist and author of The Substance of Hope

Contemporary Issues Facing the International Criminal Court

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004304452
Total Pages : 495 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary Issues Facing the International Criminal Court by : Richard H. Steinberg

Download or read book Contemporary Issues Facing the International Criminal Court written by Richard H. Steinberg and published by Martinus Nijhoff Publishers. This book was released on 2016-04-08 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher :
ISBN 13 : 9781139518796
Total Pages : 298 pages
Book Rating : 4.5/5 (187 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Dr Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by Dr Christine Evans and published by . This book was released on 2014-05-14 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

Time for Reparations

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812299914
Total Pages : 413 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Time for Reparations by : Jacqueline Bhabha

Download or read book Time for Reparations written by Jacqueline Bhabha and published by University of Pennsylvania Press. This book was released on 2021-09-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping international perspective on reparations, Time for Reparations makes the case that past state injustice—be it slavery or colonization, forced sterilization or widespread atrocities—has enduring consequences that generate ongoing harm, which needs to be addressed as a matter of justice and equity. Time for Reparations provides a wealth of detailed and diverse examples of state injustice, from enslavement of African Americans in the United States and Roma in Romania to colonial exploitation and brutality in Guatemala, Algeria, Indonesia, Jamaica, and Guadeloupe. From many vantage points, contributing authors discuss different reparative strategies and the impact they would have on the lives of survivor or descent communities. One of the strengths of this book is its interdisciplinary perspective—contributors are historians, anthropologists, human rights lawyers, sociologists, and political scientists. Many of the authors are both scholars and advocates, actively involved in one capacity or another in the struggles for reparations they describe. The book therefore has a broad and inclusive scope, aided by an accessible and cogent writing style. It appeals to scholars, students, advocates and others concerned about addressing some of the most profound and enduring injustices of our time.