Adjudicating the “Past”

Abstract

AbstractThis chapter explores the fundamental question when assessing claims for reparations for historical injustice: How does the passage of time impact the legal case for redress? It moves beyond the simple presumption that the passage of time alone frustrates an international legal case to explore the specific ways in which time can influence state responsibility and justiciability. It assesses whether claims to reparations for slavery have lapsed by virtue of attenuation, limitation, or acquiescence. It traces the history of state responsibility to determine the rules by which the case for reparations should be assessed. It further considers issues of attribution of internationally wrongful conduct to contemporary states, continuity and succession, and the ability of potential claimants to invoke international legal responsibility in the contemporary context.