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Reparations for Slavery in International Law by Katarina Schwarz Pdf
From the 'transatlantic slave trade' to the maangamizi -- The maangamizi and the making of international law -- Adjudicating the 'past' : the impact of time on reparability -- Towards a theory of reparatory justice -- Expanding understandings of reparatory justice through multiple modalities of redress --The causal chains connecting historical enslavement and contemporary redress -- Reparatory justice in transition.
Slavery Reparations Time Is Now by Nora Wittmann Ph D Pdf
"The book presents an arguable case that at the relevant time slavery was illegal....a prima facie case for the illegality of slavery, notwithstanding the difference in the practice followed in the colonies....My thanks to Ms. Wittmann, particularly for the wealth of material she has unearthed." - "Patrick Robinson," (Former President) Judge of the UN International Criminal Tribunal for the former Yugoslavia. "Dr. Nora Wittmann...has written a brilliant work of deeply researched scholarship....The book is particularly valuable in refuting the arguments commonly advanced against the payment of reparations....Most significantly, she rebuts the argument that 'slavery was legal at the time'....In all that I have read on the subject, this argument has never been presented with such wide-ranging and convincing research....Dr. Wittmann is to be highly praised for the huge contribution to the raising of consciousness...through her work on this eloquent, readable and scholarly book." - "Lord Anthony Gifford," QC, lawyer in Jamaica and the UK, legal pioneer for slavery reparations. "Slavery Reparations Time Is Now" breaks important ground on the matter of reparations for transatlantic slavery and European colonialism. It charts the international legal determinates of the matter in detail, as never done before, and should be part of every home library and of our children's curricula. "Slavery Reparations Time Is Now" pertinently retraces the anchorage of the legal entitlement to reparations within a historical international law perspective, exposing simultaneously the intrinsic link between the necessity of comprehensive reparations and solutions to other major problems that threaten human survival on Earth, such as nuclear and industrial pollution, wars and contemporary forced labor. By proving clearly, based on in-depth research, that the practice of transatlantic slavery was illegal throughout the time it was perpetrated, the book topples the dominant legal and political opinion that aims to deny the right to reparations on grounds that "slavery" would have been "legal" at that time. Yet, although argued totally contrary to the hegemonic opinion, "Slavery Reparations Time Is Now" has been welcomed as making a solid case for transatlantic slavery reparations by erudite experts on the matter, such as Patrick Robinson (former President Judge of the UN Tribunal for Ex-Yugoslavia), Hilary Beckles, Verene Shepherd and Anthony Gifford. Recent years have seen a continuous upsurge of the global movement for reparations for transatlantic slavery and colonialism. In response, the powers-that-be are mounting multiple strategies to confuse the public about reparations. It is therefore crucial that the people get their knowledge right about what is legally due. Sticking to international law, reparations have to be economic, educational, historic, and structural. This profound historico-legal analysis provides the ammunition for the final blow to the hegemonic lie that there would be no legal base for slavery reparations, and is presented in a readable way that lay people without legal formation can easily relate to. Yet, although this book clarifies the legal appropriateness of reparations, it is the people who will at last have to take reparations. A passionate and scientifically solid call for justice, "Slavery Reparations Time Is Now" provides guidance to get there, also addressing the role of popular culture movements such as hip-hop and reggae, and highlighting the fact that icons such as Tupac Shakur were advocating reparations. Only when comprehensive reparation is effectuated for transatlantic slavery can the planet get in balance again and humanity live. "Slavery Reparations Time Is Now" also contains never-before published comments on reparations by Ayi Kwei Armah.
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"--
Colonialism, Slavery, Reparations and Trade by Fernne Brennan,John Packer Pdf
Colonialism, Slavery, Reparations and Trade: Remedying the ‘Past’? Addresses how reparations might be obtained for the legacy of the Trans Atlantic slave trade. This collection lends weight to the argument that liability is not extinguished on the death of the plaintiffs or perpetrators. Arguing that the impact of the slave trade is continuing and therefore contemporary, it maintains that this trans-generational debt remains, and must be addressed. Bringing together leading scholars, practitioners, diplomats, and activists, Colonialism, Slavery, Reparations and Trade provides a powerful and challenging exploration of the variety of available – legal, relief-type, economic-based and multi-level – strategies, and apparent barriers, to achieving reparations for slavery.
The Law and Slavery delivers Professor Jean Allain’s foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.
The Origins of African-American Interests in International Law by Henry J. Richardson (III.) Pdf
This book explores the birth of the African-American international tradition and, particularly, the roots of African Americans' stake in international law. Richardson considers these origins as only formally arising about 1619, the date the first Africans were landed at Jamestown in the British North American colony of Virginia. He looks back to the opening of the European slave trade out of Africa and to the 1500s and the first arrival of Africans on the North American continent. Moving through the pre-Independence period, the American Revolution, the Constitutional Convention, and the Westward Migration, the book ends around 1820. This historical period also roughly corresponds to two other key historical phenomena greatly affecting the Atlantic Ocean basin: the rise of international law as a modern legal system (including European states and their Atlantic colonies) and the rise and flourishing of the international slave trade in African slaves to the Americas by European and New World governments and merchants. Only by placing African slavery in the British North American colonies in the context of the international slave system encompassing and linking the New World can the voices, struggles, demands, claims, and decisions of slaves and Free Blacks in North America towards freedom, relative to their evolving interests under international law, be properly understood. These interests comprise no less than the birth of an African-American international jurisprudence. "This magnificent study by Professor Richardson of the relevance of international law to the struggle of African Americans against slavery and the slave trade of the course of several centuries deserves the widest possible reading. Such an outstanding jurisprudential account of anti-slavery resistance from the perspective of slavery's captives fills a crucial gap in the scholarly literature. It is a great contribution." -- Richard Falk, Albert G. Milbank Professor of International Law and Practice Emeritus, Princeton University, and Visiting Professor of Global and International Studies, University of California at Santa Barbara "Richardson presents a thorough analysis of African American interests in international law and how principles emanating from outside law have historically been linked to Blacks' appeals to quality and freedom. The book is most appropriate for the graduate and professional (law) level and would be suited for courses in African American/American History, Race and the Law, and American Legal History." -- Law & Politics Book Review "Richardson has written a decidedly original and provocative volume that is a fascinating, intriguing, and tremendously informative read... [T]his book is a treasure trove of information... The depth of research, which must be commended, and Richardson's astute analysis make this volume a useful one for any library and an absolute necessity for institutional collections." -- The American Journal of International Law
Reparations for Slavery and the Slave Trade by Ana Lucia Araujo Pdf
Slavery and the Atlantic slave trade are among the most heinous crimes against humanity committed in the modern era. Yet, to this day no former slave society in the Americas has paid reparations to former slaves or their descendants. Ana Lucia Araujo shows that these calls for reparations have persevered over a long and difficult history. She traces the ways in which enslaved and freed individuals have conceptualized the idea of reparations since the 18th century in petitions, correspondence, pamphlets, public speeches, slave narratives, and judicial claims. Taking the reader through the era of slavery, emancipation, post-abolition, and the present day and drawing on the voices of various of enslaved peoples and their descendants, the book illuminates the multiple dimensions of the demands of reparations. This new edition boasts a new chapter on the global impact of the Black Lives Matter movement, the seismic effect of the killing of George Floyd, calls for university reparations and the dismantling of statues. Updated throughout, this edition includes primary sources, further readings, and many illustrations.
Reparations to Africa by Rhoda E. Howard-Hassmann Pdf
What is the just measure of Western obligations to Africa? As Africans and their supporters mark the 200th anniversary of the abolition of the slave trade in the United States and Great Britain, the question becomes increasingly salient. Calls for reparations for the evils of slavery, as well as for past colonial and current economic and political abuses, can be heard across Africa and the African diaspora. Human rights scholar Rhoda E. Howard-Hassmann examines these calls for redress in Reparations to Africa. Her study analyzes the reparations movement from the perspectives of law, philosophy, political science, and sociology. While acknowledging the brutal background of the slave trade and colonialism, and the mistreatment of the peoples of Africa, Howard-Hassmann finds that the complexity of this history, along with facts of the contemporary situation, weakens the case for financial compensation, although she does recommend acknowledgment of, and apologies for, some actions. The book not only provides a bold reckoning of the root causes, both internal and external, of African underdevelopment and unrest but also suggests alternative means for restorative justice and examines the role that institutions such as the International Criminal Court can play. By including the voices of 74 African academics, diplomats, and activists interviewed by Howard-Hassmann and Anthony P. Lombardo, Reparations to Africa makes a valuable contribution to the reparations debate. In an emotionally and politically charged postcolonial environment, this book serves as a judicious guide to the search for economic justice for Africans today and into the future.
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
Harming Future Persons by Melinda A. Roberts,David T. Wasserman Pdf
Melinda A. Roberts and David T. Wasserman 1 Purpose of this Collection What are our obligations with respect to persons who have not yet, and may not ever, come into existence? Few of us believe that we can wrong those whom we leave out of existence altogether—that is, merely possible persons. We may think as well that the directive to be “fruitful, and multiply, and replenish the earth” 1 does not hold up to close scrutiny. How can it be wrong to decline to bring ever more people into existence? At the same time, we think we are clearly ob- gated to treat future persons—persons who don’t yet but will exist—in accordance with certain stringent standards. Bringing a person into an existence that is truly awful—not worth having—can be wrong, and so can bringing a person into an existence that is worth having when we had the alternative of bringing that same person into an existence that is substantially better. We may think as well that our obligations with respect to future persons are triggered well before the point at which those persons commence their existence. We think it would be wrong, for example, to choose today to turn the Earth of the future into a miserable place even if the victims of that choice do not yet exist.
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 and Anti-Black Racism by Angus Nurse Pdf
Police shootings and incarceration inequalities are two examples of the legacy of slavery in the US and UK. Offering a criminological exploration of the case for slavery and anti-black racism reparations in the context of enduring harms and differential treatment of black citizens, this book refutes the policy perspectives that oppose reparations.
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.
The Case for Black Reparations by Boris Bittker Pdf
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.
