International Law And Reparations

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International Law and Reparations

Claudio Grossman,Agustina del Campo,Mina A. Trudeau
International Law and Reparations Book PDF

Author : Claudio Grossman,Agustina del Campo,Mina A. Trudeau
Publisher : Clarity Press
Page : 897 pages
File Size : 51,6 Mb
Release : 2018-02-24
Category : Law
ISBN : 9780997896589

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International Law and Reparations by Claudio Grossman,Agustina del Campo,Mina A. Trudeau Pdf

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

Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba
Reparations for Victims of Armed Conflict Book PDF

Author : Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba
Publisher : Cambridge University Press
Page : 303 pages
File Size : 52,9 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108480956

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Reparations for Victims of Armed Conflict by Cristián Correa,Shuichi Furuya,Clara Sandoval,Clara Sandoval Villalba Pdf

Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

Netherlands Yearbook of International Law 2022

Otto Spijkers,Julie Fraser,Emmanuel Giakoumakis
Netherlands Yearbook of International Law 2022 Book PDF

Author : Otto Spijkers,Julie Fraser,Emmanuel Giakoumakis
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 47,8 Mb
Release : 2024-09-24
Category : Law
ISBN : 9462656266

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Netherlands Yearbook of International Law 2022 by Otto Spijkers,Julie Fraser,Emmanuel Giakoumakis Pdf

This book on international law explores the ways in which traditional forms of reparation (restitution, compensation, and satisfaction) have been (re)interpreted since the rendering of the landmark Factory at Chorzów judgment in 1928 of the Permanent Court of International Justice. It examines how the concept of reparations has developed in international law and evolved to reflect broader community values like human rights, as well as criminal and transitional justice. Contributions to this year’s volume of the Netherlands Yearbook of International Law examine the ways in which reparation has been understood in the jurisprudence of various courts and jurisdictions including the International Court of Justice, the International Criminal Court, and the UN human rights treaty body system. Several regional or internationalised bodies are also examined, including the Inter-American and European Courts of Human Rights and the Extraordinary Chambers in the Courts of Cambodia. The volume includes chapters focusing on recent efforts to repair historical wrongs — such as reparations for colonial times, dictatorial oppression, and failed peacekeeping missions — and the ways in which the legal principle of reparation has been conceptualised in support of these claims. The book illustrates the shift of reparations from a largely state-centric approach concerned with financial compensation, to a more victim-centred one that encompasses a diverse range of reparative measures. Despite this positive shift, multiple complex obstacles remain in the way of victims realising their right to reparation, including limited financial resources, ineffective victim consultation, long delays, and the absence of political will. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 13 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Reconsidering Reparations

Olúfhemi O. Táíwò
Reconsidering Reparations Book PDF

Author : Olúfhemi O. Táíwò
Publisher : Oxford University Press
Page : 281 pages
File Size : 51,5 Mb
Release : 2022
Category : LAW
ISBN : 9780197508893

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Reconsidering Reparations by Olúfhemi O. Táíwò Pdf

"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"--

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

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

Author : Dr Christine Evans
Publisher : Unknown
Page : 298 pages
File Size : 42,8 Mb
Release : 2014-05-14
Category : Reparation (Criminal justice)
ISBN : 1139518798

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

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.

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

Carla Ferstman,Mariana Goetz,Alan Stephens
Reparations for Victims of Genocide War Crimes and Crimes against Humanity Book PDF

Author : Carla Ferstman,Mariana Goetz,Alan Stephens
Publisher : BRILL
Page : 584 pages
File Size : 41,8 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789047427957

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Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by Carla Ferstman,Mariana Goetz,Alan Stephens Pdf

This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

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

Christine Evans
The Right to Reparation in International Law for Victims of Armed Conflict Book PDF

Author : Christine Evans
Publisher : Cambridge University Press
Page : 299 pages
File Size : 43,8 Mb
Release : 2012-06-28
Category : Political Science
ISBN : 9781139510806

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The Right to Reparation in International Law for Victims of Armed Conflict by Christine Evans Pdf

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.

Collective Reparations

Diana Odier Contreras-Garduno
Collective Reparations Book PDF

Author : Diana Odier Contreras-Garduno
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2018
Category : Group rights
ISBN : 1780687052

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Collective Reparations by Diana Odier Contreras-Garduno Pdf

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.

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

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

Author : E. Christine Evans
Publisher : Unknown
Page : 277 pages
File Size : 43,8 Mb
Release : 2012
Category : Reparation (Criminal justice)
ISBN : 1139517864

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

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.

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

Carla Ferstman,Mariana Goetz
Reparations for Victims of Genocide War Crimes and Crimes against Humanity Book PDF

Author : Carla Ferstman,Mariana Goetz
Publisher : BRILL
Page : 790 pages
File Size : 44,5 Mb
Release : 2020-02-17
Category : Law
ISBN : 9789004377196

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Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by Carla Ferstman,Mariana Goetz Pdf

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.

Reparations for Indigenous Peoples

Federico Lenzerini
Reparations for Indigenous Peoples Book PDF

Author : Federico Lenzerini
Publisher : OUP Oxford
Page : 680 pages
File Size : 54,9 Mb
Release : 2008-01-24
Category : Law
ISBN : 9780191553059

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Reparations for Indigenous Peoples by Federico Lenzerini Pdf

Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.

Realizing Reparative Justice for International Crimes

Miriam Cohen
Realizing Reparative Justice for International Crimes Book PDF

Author : Miriam Cohen
Publisher : Cambridge University Press
Page : 287 pages
File Size : 47,5 Mb
Release : 2020-07-02
Category : Political Science
ISBN : 9781108597081

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Realizing Reparative Justice for International Crimes by Miriam Cohen Pdf

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 by Non-state Armed Groups Under International Law

Olivia Herman
Reparations by Non state Armed Groups Under International Law Book PDF

Author : Olivia Herman
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 2024
Category : Law
ISBN : 1003401295

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Reparations by Non-state Armed Groups Under International Law by Olivia Herman Pdf

"This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today's armed conflicts are waged between non-state armed groups and states. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups' duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia's experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly"--

The Reparation System of the International Criminal Court

Eva Dwertmann
The Reparation System of the International Criminal Court Book PDF

Author : Eva Dwertmann
Publisher : BRILL
Page : 373 pages
File Size : 43,8 Mb
Release : 2010-03-02
Category : Law
ISBN : 9789047445005

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The Reparation System of the International Criminal Court by Eva Dwertmann Pdf

Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.

Reparations and Victim Support in the International Criminal Court

Conor McCarthy
Reparations and Victim Support in the International Criminal Court Book PDF

Author : Conor McCarthy
Publisher : Cambridge University Press
Page : 435 pages
File Size : 44,7 Mb
Release : 2012-04-12
Category : Law
ISBN : 9781107013872

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Reparations and Victim Support in the International Criminal Court by Conor McCarthy Pdf

Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund.