Colonial Injustices and the Law of State Responsibility

  • Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today’s international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposesCaribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today’s international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.show moreshow less

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Metadaten
Author:Andreas Buser
URN:urn:nbn:de:kobv:517-opus4-420541
DOI:https://doi.org/10.2139/ssrn.3050647
ISSN:2509-3770
ISSN:2509-3762
Parent Title (English):KFG Working Paper Series
Subtitle (English):The CARICOM Claim for Reparations
Series (Serial Number):KFG Working Paper Series (4)
Document Type:Working Paper
Language:English
Date of first Publication:2017/10/11
Year of Completion:2017
Publishing Institution:Universität Potsdam
Release Date:2018/11/29
Tag:CARICOM; Caribbean; Colonialism; Compensation; International Court of Justice; Law of State Responsibility; Reparation
Issue:4
Pagenumber:30
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Peer Review:Nicht referiert
Licence (German):License LogoKeine Nutzungslizenz vergeben - es gilt das deutsche Urheberrecht