Monica Hakimi (Columbia Law School) and Ingrid (Wuerth) Brunk (Vanderbilt University Law School) have posted Transforming the World with Reparations? (119 American Journal of International Law 380 (2025)) on SSRN. Here is the abstract:
Claims for reparations in international law commonly reflect two competing visions—one transformative, the other corrective. The transformative vision looks for reparations to end the long tail of injustices that are associated with large-scale historic harms. The corrective vision is more confined; it focuses on repairing specific, legally cognizable harms and returning the agents or entities involved as closely as possible to the status quo ante. We argue in this Essay that these two visions have distinct conceptual logics, even though they often overlap in practice, and that the transformative vision cannot carry the burdens that are being placed on it.
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