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Topic: Reparation (legal)


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In the News (Sat 19 Dec 09)

  
 Serbia Info News / German pacifists urge war reparations for Yugoslavia
In a report on a project of several legal experts from Berlin, titled "Victims of NATO air attacks demand war reparations," Neues Deutchland reported that the experts are relying on the 1907 Fourth Hague Accord, as well as additional protocols signed in 1977.
BERLIN, December 18 (Tanjug) - German pacifists, legal experts, have still not given up hope of enforcing the implementation of current international legal regulations under which Yugoslavia is entitled to war reparations after NATO's aggression, a Berlin-based publication of the moderate left reported on Monday.
According to Bernhard Graefrath and Ulrich Dost, the documents have been signed by both the German and Yugoslav Governments.
www.serbia-info.com /news/2000-12/18/21589.html

  
 The Case for Black Reparations
Professor Matsuda has already canvassed and effectively rebutted some of the standard doctrinal objections to reparations that may be raised in a liberal legal framework that fails to consider the experience of victims.
This article will argue that a program of reparations, in addition to being a critical legalism, benefits subordinated communities in ways that avoid some of the pitfalls and drawbacks of affirmative action.
On the contrary, belief in the fairness of reparations requires at the intellectual level acceptance of the principle that the victims of unjust enrichment should be compensated.
academic.udayton.edu /race/02rights/repara02.htm

  
 Townhall.com :: Columns :: Does America owe reparations? by Walter E. Williams
High-powered reparations lawyers could use their legal skills to make court challenges of numerous state and local monopolistic regulations that stop people from getting into business, such as taxi licensing laws, cosmetology regulations, and restrictions on jitney and limousine operations.
The reparations movement would be little more than an amusing side-show were it not for the damage it can do to blacks.
Reparations advocates make the foolish unchallenged pronouncement that United States became rich on the backs of free black labor.
www.townhall.com /columnists/walterwilliams/ww20010207.shtml

  
 NPR Special Report: The United Nations World Conference Against Racism
In a flurry of negotiations at the end of the conference, Europe agreed to a carefully crafted statement that owned up to slavery-- calling it a "crime against humanity" -- but which included language intended to forestall legal action seeking reparations.
The controversial and perennial topic of slave reparations is a focus of the conference, and of NPR's coverage.
The European Union at first refused to countenance the issue of reparations for historic Transatlantic slavery and colonialism, as several African states had demanded.
www.npr.org /programs/specials/racism

  
 Reparations Bibliography, African Americans-- Africana Library, Cornell University
Reparations Yes!: The Legal and Political Reasons Why New Afrikans, Black People in the United States, Should Be Paid Now for the Enslavement of Our Ancestors and for War Against Us After Slavery: Articles by Chokwe Lumumba, Imari Abubakari Obadele and Nkechi Taifa: Baton Rouge, LA: House of Songhay, Commission for Positive Education, 1993.
Reparations: The Black Manifesto and its Challenge to White America: Philadelphia: Lippincott, 1970.
Proceedings of the First Pan-African Conference on Reparations: Organized by the Organization of African Unity, Group of Eminent Persons on Reparations and the Government of the Federal Republic of Nigeria at Abuja, April 27-29, 1993: Nigeria: RADOC, 1993.
www.library.cornell.edu /africana/guides/reparations.html

  
 C Freedom 4 All
Persons of African American descent may withdraw from the reparation programs if they write a legal letter stating that they wish not to receive reparation and this letter most be signed by the writer of the letter with a witness and notarized.
Persons of African American descent unable to care for themselves or unable to mentally handle their financial affairs may have a family appointed family member act as manager of the reparation fund and it is to be used for their care.
What a better time in history to demand reparation for the African American people, during an administration that has a view on racism that links them directly to the past slave owners.
www.angelfire.com /super/freedom

  
 NPR: Slave Reparations
She is also a former adjunct professor at American University's Washington College of Law, where she taught courses on the legal issues surrounding reparations.
This week, NPR takes a closer look at the slavery reparations movement as part of its special report on the United Nations World Conference Against Racism.
The supporters of reparations face many hurdles, however.
www.npr.org /programs/specials/racism/010827.reparations.html

  
 Africa Reparations Movement
The legal basis of the claim for Reparations
A recent debate held in the House of Lords of the British Parliament on the payment of African reparations.
During your visit to this site you will receive information that is pertinent to the struggle for reparations for the harm done to Africa and the African diaspora through enslavement, colonisation, and racism.
www.arm.arc.co.uk /home.html

  
 WEB SITES
Lord Anthony Gifford Legal Basis of Claims for Reparations
Reparations and a New Global Order -- paper by Professor Chinweizu, at OAU conference, Abuja, Nigeria, April 27, 1993.
Reparations to Israel and Restitution to Jewish victims
www2.hawaii.edu /~fredr/sites.htm

  
 Precedents
The African American Reparation Action Network This page points out that there are many precedents for reparations to slavery, in that many other oppressed ethnic groups have been given compensation for crimes against humanity.
Senate Precedents Regarding the Vice President of the United States Details about historical Senate precedents regarding the President of the Senate are provided by Riddick's Senate Procedure, in adobe acrobat (pdf) format.
Narrativa interactiva Bibliografia, precedents, jocs, hiperficcions i entorns narratius, i recursos docents.
www.serebella.com /encyclopedia/article-Precedents.html   (229 words)

  
 The Legal Claim for German Reparations to the Herero Nation
The political and legal reasons for not opening up four hundred years of colonialism to broad claims of reparations are clear, regardless of the justice of the claims.
The concept of reparations is rooted in natural law, the common law, and international law; it is an equitable principle that the beneficiary of an ill-gotten gain should make restitution, both as an act of contrition and good will, but also simply to restore the victim to some part of their previous life.
The petition was a demand for reparations resulting from the near extermination of the Herero by the Germans during the Herero War of 1904-07.
academic.udayton.edu /race/06hrights/GeoRegions/Africa/Nambia01.htm   (229 words)

  
 Aljazeera.Net - Kuwait: No Iraq war reparations deal
Parliament's Legal Committee last year approved a draft law banning the government from forgoing the reparations.
"War reparations are an international decision and not up for discussions at all.
Kuwait will discuss cutting Iraqi debt but billions of dollars in reparations dating from Iraq's 1990-91 occupation of its neighbour are not negotiable.
english.aljazeera.net /NR/exeres/506DB80D-958D-43A2-9E05-216005B77A55.htm   (229 words)

  
 The Official Website of Congresswoman Madeleine Z. Bordallo
(a) examine the legal, legislative, and historical documentation regarding war reparations made to U.S. citizens and nationals; and
The Guam War Claims Review Commission has been charged by Congress with the responsibility to determine whether the residents of Guam who experienced occupation during World War II were treated fairly with respect to war reparations.
The Review Commission will examine whether the war reparations process on Guam following World War II was fair in comparison to the process undertaken by the U.S. Government in addressing war reparations for other similarly affected U.S. citizens and nationals.
www.house.gov /bordallo/gwcrc_faq.html   (229 words)

  
 United Press International - NewsTrack - Germans seek Polish war reparations
But Rudi Pawelka, head of Preussische Treuhand, which represents the interests of the former inhabitants of East Prussia, has promised legal action against Poland before German courts and the European Court of Justice.
GENEVA, Switzerland, Aug. 10 (UPI) -- A group representing Germans who were displaced from Poland after World War II will seek reparations, the Washington Times said Tuesday.
While the entire war began with Germany's invasion of Poland, it ended with an estimated 12 million Germans being ousted from regions ceded to Poland under Soviet pressure, mainly in East Prussia and eastern Germany.
www.upi.com /view.cfm?StoryID=20040810-082137-9195r   (229 words)

  
 SSRN-The Cultural War Over Reparations for Slavery by Alfred Brophy
There are four key groups of arguments against reparations: There is no moral or legal liability; compensation has already been made; reparations are unworkable or not politically practicable; and reparations are divisive, which is at the center of the cultural war.
It asks why there is a difference in support for reparations among blacks and whites.
SSRN-The Cultural War Over Reparations for Slavery by Alfred Brophy
papers.ssrn.com /sol3/papers.cfm?abstract_id=561441   (229 words)

  
 AsianWeek: News: JLA War Reparations Plan
Because they weren’t citizens or legal residents of the United States during the war, Japanese from 13 Latin American countries—mainly Peru—weren’t eligible for the $20,000 payments.
The 1988 Civil Liberties Act provided for reparations, and some 80,000 survivors applied for payments for lost property and freedom.
They were rounded up and placed in camps either out of fear they might assist Japan in the war effort or, in other cases, to be used as part of prisoner exchanges.
www.asianweek.com /2000_04_27/news_jlaplan.html   (229 words)

  
 Germans demand war reparations - The Washington Times: World - August 10, 2004
But Rudi Pawelka, head of Preussische Treuhand — an association representing the interests of the former inhabitants of East Prussia — has promised legal action before German courts and the European Court of Justice.
But at the end of the war about 12 million Germans were ousted from regions ceded to Poland under Soviet pressure, mainly in East Prussia and eastern Germany, and the former owners are now seeking restitution or financial compensation.
The war began with Germany's invasion of Poland, which it ruled in brutal fashion and made home to its most infamous concentration camps.
washingtontimes.com /world/20040809-100626-2784r.htm   (229 words)

  
 C Freedom 4 All
Persons of African American descent may withdraw from the reparation programs if they write a legal letter stating that they wish not to receive reparation and this letter most be signed by the writer of the letter with a witness and notarized.
Persons of African American descent that have served time in federal or state prison can receive reparations if release from prison legally.
Persons of African American descent unable to care for themselves or unable to mentally handle their financial affairs may have a family appointed family member act as manager of the reparation fund and it is to be used for their care.
www.angelfire.com /super/freedom   (992 words)

  
 afrol News - Namibia's Herero find reconciliation with Germans
He embraces a different approach than that taken by another Herero Chief Kuaima Riruako, well-known in Europe for his legal actions against the German government and German companies, demanding billions in reparation.
At the August 2004 Waterberg commemoration, Ms Wieczorek-Zeul, unimpressed by the legal quibbling about what might add legal weight to the reparation calls, used the Lord's Prayer to ask forgiveness for the crimes the Germans committed against the Herero.
In November, Herero Chief Alfons Maharero travelled to Germany for a special meeting with descendants of the infamous General von Trotha.
www.afrol.com /articles/15054   (1127 words)

  
 Torture
REDRESS - Seeking Reparation for Torture Survivors - Redress is a London based, internationally focused non-profit legal/human rights organisation to help torture survivors use available international, regional and national remedies to obtain reparation and to campaign for effective remedies where they do not exist.
US Sends Suspects to Face Torture - US has been secretly sending prisoners suspected of al-Qaida connections to countries where torture during interrogation is legal.
Torture by Proxy - Karen L. Snell,a specialist in constitutional litigation and international extradition, comments on Kenneth Starr's comments in The Washington Post suggesting the U.S. should cast aside traditional civil liberties in the fight against terrorism.
www.findly.com /torture.htm   (1127 words)

  
 NATIONAL 'INNOCENCE PROJECT' EARNS ATOR AWARD FROM UH LAW CENTER
Innocence Project members formulate and draft model legislation to address the causes and consequences of wrongful convictions, including federal and state statutes authorizing post-conviction DNA testing to prove innocence and reparation statutes to compensate the wrongfully convicted.
The Innocence Project, founded in 1992 by Barry Scheck and Peter J. Neufeld, is a non-profit legal clinic created to assist prisoners claiming innocence in cases where DNA testing of biological evidence could lead to their exoneration.
"The Innocence Project is a vital part of the legal education process and the legal community, providing a comprehensive review of convictions in our country's justice system to make certain those wrongfully convicted inmates on death row have received every chance to prove their innocence," Rapoport said.
www.uh.edu /admin/media/nr/2002/052002/innocenceaward.html   (641 words)

  
 RE: should Japan government apologize to China for the War in 1937-1945?
The healing of the gap between the common people start with these two acts, legal or not.
Was it war reparation or was it ODA loans?
The documents of the agreements state the exact amount of reparation and state clearly that the amount is paid as reparation.
forum.japantoday.com /m_173618/mpage_7/key_/tm.htm#207344   (7789 words)

  
 Ross Strachan & Co - Scottish solicitors & estate agents, Dundee, Tayside
They provide the full range of legal services that you would expect from a legal firm including conveyancing, estate agency, criminal law, family law, divorce and child law, adoption reparation (accident claims), will, trusts and executries, leasing, insolvency and bankruptcy, road traffic law and employment law.
They offer legal services to clients throughout Dundee, Tayside and Scotland.
As estate agents, they offer a full property marketing service with properties and houses for sale in dundee and tayside available online at
www.ross-strachan.co.uk   (130 words)

  
 reinscription
There are two primary principles of restitution: (a) "restitutio integrum" (restoration of the former legal situation) and, (b) "restitutio in natura" (returning of something wrongfully taken to its original owner).65 Acts of compensation or reparation are considered only if the former legal situation cannot be restored.
The illegal act itself&emdash;and even a mere threat of such action&emdash;constitutes a sufficient legal interest."72 The U.S. apology of course concedes exactly this sort of violation.
For background, see Vera Gowlland-Debbas, Collective Responses to Illegal Acts in International Law: United Nations Actions in the Question of Southern Rhodesia (Hague: Martinus Nijhoff, 1990).
www.colorado.edu /EthnicStudies/ethnicstudiesjournal/Current%20Issue/reinscription.htm   (130 words)

  
 REPARATIONS DEBATE
Reparations for the harm inflicted on a race or class of people have gradually become more accepted in both national and international legal systems.
The enormity of clarifying these legal and political questions has so far tended to prevent the reparations issue from entering mainstream political discourse in either Europe or the United States.
Thus reparations should be undertaken not as attonement for previous wrongdoing, but as just rewards for long term contributions to the modern world.
web.africa.ufl.edu /asq/v2/v2i4a1.htm   (1518 words)

  
 reinscription
There are two primary principles of restitution: (a) "restitutio integrum" (restoration of the former legal situation) and, (b) "restitutio in natura" (returning of something wrongfully taken to its original owner).65 Acts of compensation or reparation are considered only if the former legal situation cannot be restored.
In the case of Hawai'i, however, the original situation can obviously be reconstituted simply by a transfer of U.S. de facto sovereignty back to the Hawaiian Nation (an entity the U.S. acknowledges by virtue of its apology in P.L. as continuing, in effect, to exist).
www.colorado.edu /EthnicStudies/ethnicstudiesjournal/Current%20Issue/reinscription.htm   (1518 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
[337 U.S. At the time of its final report, it was assumed that the operation of the piers reverted to the situation existing prior to June 15, 1942, so that the purpose of the proceeding before the Commission was deemed to be for reparations only.
[337 U.S. ment was arguing before the District Court for the District of Columbia for the right to review an order denying it reparations, the Government successfully resisted precisely the same argument by a private shipper in a suit in the District Court for the Eastern District of Michigan.
[337 U.S. but that reviewing device is not applicable to reparation claims; (2) reparation claims are not within 17(9) because they have been treated by a different scheme throughout the history of the Act.
caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=337&invol=426   (1518 words)

  
 Volume FIVE Chapter ONE
If the Human Rights Violations Committee found that a gross violation of human rights had occurred and was of the opinion that a person was a victim of such a violation, it referred the statement of the person concerned to the Reparation and Rehabilitation Committee.
In all these cases, it has been held that, where the state or any of its agents is responsible for killings, torture, abductions or disappearances, it is under a legal obligation to pay compensation to the victims or their families.
This is another example of an international body requiring, not just token, but significant reparation to be made to victims of human rights abuse.
www.chico.mweb.co.za /mg/projects/trc/5chap5.htm   (1518 words)

  
 Men [Definition]
The payment of weregild was an important legal mechanism in early northern European societies, such as those of the Vikings, and Anglo-Saxons; the other common form of legal reparation at this time was blood revenge.
[click for more] and were -gild Weregild (Alternative spellings: wergild, wergeld, weregeld, etc.) was a reparational payment usually demanded of a person guilty of homicide, although it could also be demanded in other cases of serious crime.
[click for more] the words wer and wyf (also wæpman and wifman) were what was used to refer to "a man" and "a woman" respectively, and "man" was gender neutral.
www.wikimirror.com /Men   (1518 words)

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