header-logo header-logo

Slavery: room for reparations?

26 May 2023 / Thomas Roe KC
Issue: 8026 / Categories: Features , Profession , International justice , Equality , Public
printer mail-detail
123322
Is there potential for a legal claim for reparations for the slave trade? Thomas Roe KC examines the possibilities & limitations under public international law
  • Examines whether states could have a claim in public international law against states complicit in the transatlantic slave trade.
  • Covers some historical context, including written works of Olaudah Equiano from 1789, and international treaties.
  • Refers to the Island of Palmas case.

In 2013, the Caribbean Community set up the CARICOM Reparations Commission to ‘prepare the case [for] reparatory justice for the Caribbean region’s indigenous and African descendant communities who are the victims of Crimes Against Humanity in the form of genocide, slavery, slave trading and racial apartheid’. A decade on, the issue is rarely far from the headlines.

CARICOM’s proposal encompasses a variety of approaches. This article focuses on the issue of law: do states have a tenable claim in public international law against states complicit in the transatlantic slave trade? (See generally Buser, Colonial Injustices and the Law of State Responsibility,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll