Repairing the Past?

The aim of this book is to stimulate debate on the issue of reparations for gross violations of human rights, in the hope that it will lead to increased visibility for the many deserving groups striving for some form of meaningful recognition or recompense for past injustices visited upon them. The book is eclectic in nature, being made up of contributions by a range of outstanding academics and practitioners from around the world.

Auteur(s):
Stephen Peté, Max du Plessis
Reeks:
Series on Transitional Justice
Volume:
1
boek | verschenen | 1e editie
april 2007 | xx + 456 blz.

Hardback
€ 89,-


ISBN 9789050954921


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Inhoud

Human history is replete with examples of widespread and gross violations of human rights, which continue to be perpetrated in the present day. Sadly, however, only a tiny fraction of the millions of people whose lives have been shattered by torture, rape, the murder of loved ones, or other forms of gross abuse, may hope to receive any meaningful form of reparation. The aim of this book is to stimulate debate on the issue of reparations, in the hope that it will lead to increased visibility for the many deserving groups striving for some form of meaningful recognition or recompense for past injustices visited upon them. The book is eclectic in nature, being made up of contributions by a range of outstanding academics and practitioners from around the world. The international nature and diverse focus of the work result in a fascinating snapshot of this growing field. It will be of interest both to academics and practitioners who are specialists in the field of reparations, as well as to almost anyone who is interested in the field of human rights generally.


About this book:
'[...] an important contribution on a topic of growing theoretical and practical concern.'
Dinah Shelton in the American Journal of International Law 2008 (917).

‘[...] there is a great deal of collective wisdom in this particular volume that contributes to a better understanding of, for one, the Srebrenica case, and that does make the work into an important contribution to this under researched field.’
Barbara Oomen in the Netherlands Quarterly of Human Rights (2010) 313.

Hoofdstukken

Table of Contents (p. 0)

PART A: THEORETICAL ISSUES – OF SCALE AND COMPLEXITY

REPARATIONS FOR GROSS VIOLATIONS OF HUMAN RIGHTS IN CONTEXT (p. 1)

BACK TO THE FUTURE: THE HISTORICAL DIMENSION OF LIBERAL JUSTICE (p. 29)

TAKING APOLOGY SERIOUSLY (p. 53)

AMNESTY OR IMPUNITY? A PRELIMINARY CRITIQUE OF THE REPORT OF THE TRUTH AND RECONCILIATION COMMISSION OF SOUTH AFRICA (TRC) (p. 83)

HISTORICAL REFLECTIONS ON HOLOCAUST REPARATIONS: UNFINISHED BUSINESS OR AN EXAMPLE FOR OTHER REPARATIONS CAMPAIGNS? (p. 119)

PART B: REPARATIONS AND INTERNATIONAL LAW

REPARATIONS AND INTERNATIONAL LAW: HOW ARE REPARATIONS TO BE DETERMINED (PAST WRONG OR CURRENT EFFECTS), AGAINST WHOM, AND WHAT FORM SHOULD THEY TAKE? (p. 145)

REPARATIONS UNDER INTERNATIONAL CRIMINAL LAW (p. 179)

REPARATIONS FOR GROSS HUMAN RIGHTS VIOLATIONS IN AFRICA – THE GREAT LAKES (p. 197)

PART C: REPARATIONS CLAIMS PURSUED ABROAD

APARTHEID AND THE ALIEN TORTS ACT: GLOBAL JUSTICE MEETS SOVEREIGN EQUALITY (p. 229)

PART D: REPARATIONS CLAIMS PURSUED AT HOME

REDRESS FOR SLAVERY – THE AFRICAN-AMERICAN STRUGGLE (p. 295)

CORPORATE REPARATIONS FOR DESCENDANTS OF ENSLAVED AFRICAN-AMERICANS – PRACTICAL OBSTACLES (p. 315)

REPARATIONS FOR RESIDENTIAL SCHOOL ABUSE IN CANADA: LITIGATION, ADR AND POLITICS (p. 359)

A ‘DIMINISHED NATION’ – AUSTRALIA’S RESPONSE TO CLAIMS FOR REPARATIONS BY THE ‘STOLEN GENERATIONS’ (p. 389)

PART E: REPARATIONS CLAIMS PURSUED AGAINST FOREIGN STATES

‘I WILL BE FORGOTTEN’: LEGAL REDRESS FOR KOREAN COMFORT WOMEN (p. 411)

THE HERERO DEMAND FOR REPARATIONS FROM GERMANY: THE HUNDRED YEAR OLD LEGACY OF A COLONIAL WAR IN THE POLITICS OF MODERN NAMIBIA (p. 437)

NOTE ON THE AUTHORS (p. 451)

Over de reeks

Series on Transitional Justice

Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed “problems of transitional justice”, both by academics and policy makers around the world. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus.

The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.

The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.

Editorial board:
- Prof. S. Parmentier (University of Leuven, Belgium)
- Prof. Elmar Weitekamp (University of Tübingen, Germany)
- Prof. Jeremy Sarkin (University of South Africa) and
- Mina Rauschenbach (Université de Lausanne and University of Leuven) (Assistant editor)


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