Présentation de l'éditeur
Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.
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Provides crucial historical analysis of how reparation was dealt with from the seventeenth century onwards
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Takes a normative approach to the issue
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Includes a contextual account of selected wars
Sommaire
1. Introduction
2. Peace treaties and Admiralty Courts
3. The Anglo-Dutch wars
4. The Silesian loan affair and the Seven Years War
5. The American War of Independence
6. The Anglo-Argentine Commission
7. The American Civil War
8. The Second Anglo-Boer War
9. Reparation and international law from the twentieth century
10. A peaceful and normative conclusion?
List of cases
List of treaties, Legislation and other legal instruments
