Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia

Between 1904 and 1908, German colonialists in German South West Africa (GSWA, known today as Namibia) committed genocide and other international crimes against two indigenous groups, the Herero and the Nama. From the late 1990s, the Herero have sought reparations from the German government and several German corporations for what occurred more than a hundred years ago. This article examines and contextualizes the issues concerning reparations for historical human rights claims. It describes and analyzes the events in GSWA at the time. It further explores whether international humanitarian law and international human rights law today permit reparatations to be obtained. The article therefore examines the origins of international criminal law, as well as international human rights and humanitarian law, to determine whether what occurred then were violations of the law already in force. Finally, the article examines and evaluates the Herero reparations cases, as well as the potential impact of the cases on the wider reparations movement that sees an increasing number of claims for events that occurred during colonial times.

Justice: Plain Old and Distributive: Rejoinder to Charles Taylor

This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first order. We also demur from his contention that equity and equality can be used as synonyms.

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Antwort auf die Replik von Marc Bühlmann,Wolfgang Merkel,Lisa Müller und Bernhard Weßels zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung

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Wie lässt sich Demokratie am besten messen? Zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung * Die vier Autor(inn)en arbeiten in einem gemeinsamen Forschungsprojekt des NCCR Democracy (vom Schweizerischen Nationalfonds finanziertes National Centre of Competence in Research: Challenges to Democracy in the 21^st Century) und des WZB an einem „Demokratiebarometer“ für die 30 OECD-Staaten, das die Ignoranz der 0-Varianz bei Polity und Freedom House aufkl?ren will.

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Five Challenges to Legalizing Economic and Social Rights

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively.

Yahoo? Reining in the Wild West with the Alien Tort Claims Act

In the wake of globalisation, we have witnessed the rise of the transnational corporation—powerful, new players in an international human rights system ill-equipped to handle the challenge. Despite the best efforts of the United Nations, international treaties and human rights lawyers the world over, there is simply no mandatory international code of corporate conduct targeting human rights practices. Enter the Alien Tort Claims Act (ATCA), a once-obscure U.S. statute that provides a private cause of action for violations of international human rights law committed by governmental and non-governmental actors. This paper will examine recent ATCA jurisprudence, the landmark Unocal settlement, and the ATCA’s role in reining in Yahoo! Inc. for supplying evidence used to convict Chinese dissidents Wang Xiaoning and Shi Tao.

The “L-Word,” or Turning Fifty

This meditative essay by a writer and professor reflects on the milestone of reaching 50 years of age. The author relates his own experiences and those of his elder literary friends and colleagues who have felt comparable anxieties and coped with similar challenges toward aging and death. He records their own milestones on life’s journey as well as their insightful and often quite hopeful, if not always cheery, responses. Several of them, like the author, admit that turning 50 has entailed for them a coming to terms with the impossibility of realizing some immortality projects.

Public Intellectuals as Media Critics

In the 1940s, leading public intellectuals established a commission to reform the American press. Many of them initially favored heavy regulation of newspapers and other media. Though the men failed to change the press, their report lives on in schools of journalism.

Human Rights,Intellectual Property,and Struggles for Recognition

This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs). Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights. The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights and IPRs and rejecting the view that IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization of a transnational “recognition order.”

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Lost in Translation

Conservative, and particularly religious opponents of enhancement technologies and of prolonging life indefinitely face formidable challenges from policymakers who are largely liberated from any forms of Christian moral consensus. This is the predicament of Daniel Callahan and others who are unable to translate their inescapably religious objections in secular terms.

Judicial Capacity Building in Bosnia and Herzegovina: Understanding Legal Reform Beyond the Completion Strategy of the ICTY

This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Specifically, we examine how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Office of the High Representative have influenced the reform of domestic courts in Bosnia and Herzegovina (BiH). We place these reforms within the broader debate over restructuring the complex system of government in BiH. Since 2005, domestic courts in BiH have had jurisdiction over the following: (1) Cases which were initially under the jurisdiction of the domestic courts but remanded to the ICTY and recently returned to BiH. (2) Cases which originated at the ICTY and have been transferred to the State Court, and (3) new cases which originated and remained in the domestic court system. We find that while human rights norms have been incorporated into the new legal code, the diffusion of these human rights norms has been inadequate because of the lack of judicial capacity building. While some courts in the capital enjoy significant resources, the vast majority of cases will be tried at provincial courts which are under-funded and unable to prosecute the significant number of cases. Moreover, the government structure of BiH has had a decidedly negative impact on the prosecution of these cases. Ultimately, the rule of law requires consistency of approach and funding to protect human rights throughout the state.

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(The) Erasure – Mass Human Rights Violation and Denial of Responsibility: The Case of Independent Slovenia

The case of the erased residents of Slovenia – when approximately 18,000 people who were mostly of Serbian, Croatian and Bosnian ethnicity, were erased from the permanent residence registry of the Republic of Slovenia – represents one of the most severe cases of administrative ethnic/racial discrimination and human rights violations in the post-communist East and Central Europe outside the conflict area. The erasure caused “civil death” of the people who were affected by the measure, depriving them of civil, political, social, and economic rights. In 2007, 4 years after the 2003 Constitutional Court decision, declaring the 1992 erasure an unconstitutional act of the state and requiring the legislator to adopt measures to reinstate the statuses of the erased people, the problem remains unsolved and unaddressed both systemically and individually, and the situation of erasure persists. This article presents the case and analyses of the framework that made the erasure possible in terms of the preparation of the majority of Slovenes to accept and even support the violations and politicians to renounce their political responsibility to those who have lost the right to have rights. This article is based on the insights of the research project Contemporary Citizenship: Politics of Inclusion and Exclusion (2000–2003) led by Vlasta Jalušič. The analysis of the case of erased was published in Jasminka Dedić, Vlasta Jalušič, and Jelka Zorn (eds.), The Erased: Organized Innocence and the Politics of Exclusion, translated from Slovenian by Olga Vuković and Marjana Karer (Ljubljana: Peace Institute, 2003), at . The authors wish to thank the anonymous reviewer for the extensive and most helpful comments.

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Close But Not Close Enough

The authors comment on an earlier aritice in Society by Eugene Goodheart and offer a novel hypothesis about the origins of religion.

Secularism,American-Style

The American approach to secularism is distinctive, differing from the laicite of the French or the Turks in its greater friendliness to the public expression of religious beliefs and sentiments. Such arrangements are challenging to sustain, requiring constant renegotiation of acceptable boundaries, but may also provide a more fruitful way of drawing on the moral energies and insights of religion while keeping them contained within appropriate limits.

Day Laborers and Dock Workers: Casual Labor Markets and Immigration Policy

The situations of nineteenth century dock workers and today’s immigrant day laborers bear striking similarities and challenges, especially for those seeking to organize them into labor unions. The obstacles confronting such organizing efforts also underscore the legitimate concerns many Americans have about the threats to social order posed by immigrants today.

Why Is the Estate Tax so Controversial?

There are some social issues whose significance for society nobody would seriously question but which nevertheless receive only scarce attention in sociological research. One of these is the bequest of private wealth from one generation to the next. It is currently estimated that about 550 billion dollars are transferred annually in the United States, amounting to more than 4% of the American gross national product (Havens and Schervish 1999). Not only is this a huge amount of wealth that changes ownership, but the bequest of wealth speaks to some of the core questions of sociological scholarship.

The Capture Theory of Regulations—Revisited

Amidst the rekindled interest in regulating the market that has emerged since the 2008 financial crisis, most attention has been paid to the debate between those who call for more regulation of the private sector in order to protect the public good, and those who claim that such regulations would do further damage to the economy by unduly constraining business. This essay seeks to refocus the debate about regulation by examining an alternative criticism––the theory of regulatory capture––which argues that regulations are routinely and predictably 'captured' and manipulated to serve the interests of those who are supposed to be subject to them, or the bureaucrats and legislators who write or control them. Ample evidence suggests that regulatory capture is indeed widespread and takes a variety of forms, which are reviewed here. Rather than debating whether more or less regulations are needed, the paper suggests that what is needed is a way to make regulations stronger––more capture-proof. It closes with a major policy change that would help accomplish this goal.

Designing property rights for water: mediating market,government, and corporation failures

Recent decades have seen an acceleration in public concern about the allocation of increasingly scarce water supplies. There are many reasons for this concern, such as growth in urban populations. In this article, we focus on how surface water’s special qualities (the combination of spillovers, rent-seeking behavior, and common pool resources) complicate the assignment of property rights in any legal framework. These characteristics make specific market structures necessary in order to efficiently allocate rights. The state usually designs those structures. Yet, just like markets can fail, so can governments fail to effectively allocate those rights. So designers often turn to quasi-judicial conservancy boards as a second-best solution. We argue that those boards may themselves fail through a form of “corporation failure.” We address these three types of failures, and offer an analysis of two cases that suggests that the likelihood conservancy boards will suffer from corporate failure depends on the actions of the boards and outside stakeholders (like governments).

The Weakness of Our Political Parties

Whatever else the 2008 presidential election may result in, we can be sure that it will only contribute further to the steadily declining role of political parties in American politics, and the myriad negative consequences arising from that decline.