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Reparations for Slavery in International Law: Transatlantic Enslavement, the Maangamizi, and the Making of International Law (eBook)


ISBN13: 9780197636411
Published: October 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £72.99
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Reparations for Slavery in International Law examines the case for contemporary redress for the harms and legacies of transatlantic enslavement from a legal perspective.

The book critically evaluates the history of transatlantic enslavement as well as the evolutions in international law that justified and perpetuated the exploitation of African peoples and people of African descent. It offers an analysis of the requirements of state responsibility, assessing the impact of time on claims for redress for historic injustices. A new theory of reparatory justice is proposed, which is responsive to both the underpinning principles and the modalities of redress in international law.

This book considers the emerging practice of reparations in transitional justice and the relevance of these frameworks in cases of widespread historic injustice, while upending orthodox understandings of the international legal frameworks relevant to case for reparations. In so doing, it opens new space for the reconsideration not only of the international legal claim for reparations for slavery, but also the moral and political case.

Subjects:
Human Rights and Civil Liberties, Public International Law, eBooks
Contents:
Note on language
Table of cases and instruments
Introduction: The reparations debate and international law
1. From the 'transatlantic slave trade' to the maangamizi
2. The Maangamizi and the making of international law
3. Adjudicating the 'past': the impact of time on reparability
4. Towards a theory of reparatory justice
5. Expanding understandings of reparatory justice through multiple modalities of redress
6. The causal chains connecting historical enslavement and contemporary redress
7. Reparatory justice in transition
Conclusion: The reparations debate beyond international law
Bibliography