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.

Contains chapters on a variety of jurisdictions and topics Focuses on a highly current subject Includes contributions from many young and emerging scholars from different parts of the world

Klappentext

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.

Inhalt

Introduction: New Frontiers in Reparations since Factory at Chorzów.- Part I. The Practice of International Human Rights Law in International and Domestic Courts.- Chapter 1. Reparations for Displacement since Chorzów : Moving from the 'Problems of Displacement' to the 'Problems of the Displaced' via International and Regional Human Rights Bodies.- Chapter 2. Administrative Reparations Programs and Transitional Justice: Dilemmas, Debates and New Directions.- Chapter 3. Structural Remedies as Policy Making: Data, Rationales and Opportunities of the Inter-American Court of Human Rights.- Chapter 4. Justice without Time Limits The Impact of International Law on Chilean Case Law on Reparation in Relation to Crimes Committed during the Dictatorship.- Part II. The Role of International Criminal Law in the Development of Reparations.- Chapter 5. Satisfaction and State Responsibility at the International Criminal Court: The Curious Crime of Aggression.- Chapter 6. Satisfaction as a Remedy for Internationally Wrongful Acts: A Reassessment in Light of Inter-State Judicial Practice.- Chapter 7. Extraordinary Experiments in Reparations: The Pursuit of Reparations at the Extraordinary Chambers in the Courts of Cambodia and the Extraordinary African Chambers.- Chapter 8. ECCC Reparations Inside and Out: Unpacking Rhetorics on Reparative Justice for Victims of Mass Crimes.- Part III. De-Colonialisation and the Law of Reparations.- Chapter 9. A Century on from the Chorzów Factory : Reparations, National Wars of Liberation and the Limits of Wiping out the Consequences of Armed Conflicts.- Chapter 10. Racism as an Obstacle to Reparations for Colonial Crimes? The Doctrine of Intertemporal Law in the German-Namibian Context.- Chapter 11. Repairing Historical Wrongs: The Church of Sweden's Approach to Redressing Colonial Abuses against the Sami.- Part IV. Dutch Practice in International Law.- Chapter 12. Finding the Truth but Ending the Conversation? How Dutch Civil Court Cases on the Srebrenica Genocide Shaped the Space for Reparation. Chapter 13. No 'Effective Remedy' with(out) National Tort Law A Dutch Perspective on the Obstacles for Enforcement of the Right to a Remedy.- Table of Cases.- Index.