Victim Reparation under the Ius Post Bellum
An Historical and Normative Perspective

Takes an in-depth look into the war victim's right to reparation from the seventeenth century until the present day.

Shavana Musa (Author)

9781108471732, Cambridge University Press

Hardback, published 3 January 2019

296 pages
23.5 x 15.8 x 2 cm, 0.55 kg

'Shavana Musa shows that further research on the lesser-known historical precedents could be a very promising road to take. Her impressively comprehensive and detailed study provides the perfect start for such research. She provokes her readers to think along new lines and to consider ideas off the mainstream. This makes her book an important contribution to the field.' Fin-Jasper Langmack, Heidelberg Journal of International Law

Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.

1. Introduction
2. Peace treaties and Admiralty Courts
3. The Anglo-Dutch wars
4. The Silesian loan affair and the Seven Years War
5. The American War of Independence
6. The Anglo-Argentine Commission
7. The American Civil War
8. The Second Anglo-Boer War
9. Reparation and international law from the twentieth century
10. A peaceful and normative conclusion?
List of cases
List of treaties, Legislation and other legal instruments
Bibliography
Index.

Subject Areas: Regulation of legal profession [LNAL], Arbitration, mediation & alternative dispute resolution [LNAC5], International maritime law [LBDM], International organisations & institutions [LBBU], Public international law [LBB], Legal history [LAZ], Military history [HBW], Maritime history [HBTM]