Reparations in International Law and Human Rights (HYBRID)

A Kellogg Work-in-Progress Seminar with Kellogg Faculty Fellow Diane Desierto, Associate Professor of Human Rights Law and Global Affairs

This session discusses the last chapter of a new book manuscript (Reparations in International Law and Human Rights, for submission to Oxford University Press by June 2021). The chapter examines the implications from the author's new proposal to extricate international law adjudication of reparations away from the confines of specific categories of restitution, compensation, and satisfaction under the 2001 International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts and the 2011 ILC Articles on the Responsibility of International Organizations. Focusing on the jurisprudential or analogous reportorial evidence from the reparative practices of the Inter-American Court of Human Rights and that of the World Bank Inspection Panel, the author argues that international courts and tribunals can, and indeed should customize the design of reparative relief for human rights victims.  The chapter further argues that institutionalizing supervision of reparative orders and judgments would not violate the jurisdiction of courts or tribunals, nor would such questions constitute purely political questions that would ordinarily fall outside the scope of legally justiciable disputes.

Registration information is forthcoming.