Colonial Injustices and the Law of State Responsibility: The CARICOM Claim for Reparations

Heidelberg Journal of International Law, Vol. 2, p. 409-446, 2017

KFG Working Paper No. 4

32 Pages Posted: 11 Oct 2017  

Andreas Buser

Free University of Berlin (FUB) - Department of Law

Date Written: August 1, 2016

Abstract

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 exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.

Keywords: CARICOM, Colonialism, Law of State Responsibility, Compensation, Reparation, Caribbean, International Court of Justice

Suggested Citation

Buser, Andreas, Colonial Injustices and the Law of State Responsibility: The CARICOM Claim for Reparations (August 1, 2016). Heidelberg Journal of International Law, Vol. 2, p. 409-446, 2017; KFG Working Paper No. 4. Available at SSRN: https://ssrn.com/abstract=3050647 or http://dx.doi.org/10.2139/ssrn.3050647

Andreas Buser (Contact Author)

Free University of Berlin (FUB) - Department of Law ( email )

Berlin
Germany

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