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Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
More than 40,000 people went missing in the ex-Yugoslavia armed conflicts where the fate and whereabout of almost 10,000 of them is still unknown. Since then, various initiatives at the national and the regional level have been made to carry out search and identification processes, but the reparative mechanisms available to families of persons who disappeared have remained underdeveloped, and largely differs within the region. This chapter sheds a light on the recent legislative developments and a jurisprudence in the ex-Yugoslav republics that used to be the most affected by conflict; Bosnia and Herzegovina, Croatia and Serbia (Kosovo and Metohija), focusing on the differences in the level of the international obligations for the states in the Region arising from both: different ratification status of relevant international law instruments and the different status in terms of the EU accession processes. The special attention was paid to the direct and ex-tempore applicability of those international law instruments, considering the complexity of the constitutional organisation of the states, but also the different time frames which the states apply when define ‘the state of war’.
Front-line workers mediate law on the books and law in action, translating higher-level laws into local policy. One important mediating institution is the police. Whereas most research analyzes how the law empowers police to label certain denizens “criminals” – both within and outside criminal legal contexts – this article demonstrates how policing also affects who is recognized as an innocent crime victim. Synthesizing existing scholarship, I theorize three paths through which police can affect legal recognition of crime victims: criminalization, minimization, and legal estrangement. I then test the extent to which these processes affect victims’ access to public benefits provided under victim compensation law. Drawing on never-before-analyzed administrative data from 18 U.S. states (N = 768,382), I find police account for more than half of all victim benefits denials. These denials are racialized and gendered: Police are significantly more likely to criminalize and be estranged from Black male victims and significantly more likely to minimize the injuries of Black female victims. Additional qualitative data suggest police systematically perceive Black men as not truly innocent and Black survivors of gender-based violence as not truly victims. These findings advance our understanding of the expansive role of police in society as well as the porous boundary between social provision and social control.
It begins by defining possession and its legal implications, detailing how possession is established, maintained, and protected. The chapter explores the rights and obligations of possessors and the legal remedies available in cases of wrongful possession or disputes. It then delves into the legal framework of expropriation, highlighting the conditions under which the state can expropriate private property. It discusses the procedural requirements for expropriation, including the need for public interest justification, fair compensation, and the legal processes involved in challenging expropriation decisions.
By analyzing these aspects, the chapter provides a comprehensive understanding of the balance between protecting individual property rights and the state’s power to expropriate property for public use. It highlights the challenges and legal safeguards in place to ensure fair and transparent expropriation practices, offering valuable insights into the complexities of possession and expropriation in the Chinese legal system.
Until recently, much work on the process and impact of compensated emancipation in the British Empire tended to exclude the Cape Colony, instead focusing on Britain and the Caribbean. This analysis of the Cape Town agents who acted as intermediaries in the business of compensation reintegrates the Cape Colony into these discussions. Using Thomson, Watson & Co.’s account book, this article details how the Cape Town firm used its networks within the colony and in London to profit from the business of compensation. The firm handled over 800 claims from Cape Colony principals, purchased them on its own and others’ accounts, and remitted them to several associates in London for collection. This article contributes a new perspective to the growing literature on the process and impact of compensated emancipation and raises questions about the role of slavery and emancipation in the development of commercial and financial capitalism in South Africa.
The chapter deals with fidelity of content, specifically concepts and register. I first discuss the querelle (‘dispute’) between those who favoured word-for-word translations and those who believed in updating or beautifying the ancient text for their contemporary audience, as captured in the phrase ‘les belles infidèles’, an approach which involves the notion of ‘compensation’. I then ask how translators tackle key concepts in Virgil’s oeuvre, such as the untranslatable pietas of the Aeneid, along with specific challenges that arise from Virgil’s Latin texts, such as puns and the incomplete lines. I investigate how translators attempt to match the various registers of the Eclogues, Georgics and Aeneid, then I consider the lens provided by the theoretical spectrum of domestication and foreignization, with examples including Aeneid translations in Italian, English, Romanian, German, Brazilian Portuguese and Russian, concluding with Chew’s uncategorizable Georgics.
Do societies with more extensive welfare states also perform better environmentally? Surprisingly, the empirical evidence for this relationship remains inconclusive. We focus on CO2 emissions in lower-income countries and argue that considering state capacity as a moderator helps achieving greater theoretical and empirical clarity in understanding when the welfare state – climate change mitigation relationship. We hypothesize that lower-income societies with more developed welfare states exhibit lower carbon emissions when they also have more state capacity. The underlying mechanism centers on the ability of the state to compensate losers from policy change and its enforcement power required for policy implementation. Using data on CO2 emissions, social protection, and labor market regulations, as well as state capacity in 66 lower-income countries since 2005, we find that carbon emissions tend to be lower in countries characterized both by a welfare state focused on reducing socio-economic inequality and high state capacity.
This title explores the principles and mechanisms for the reparation of human rights violations under international human rights law. It discusses the obligation of states to provide full reparation for harm suffered as a result of human rights violations, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. The section examines the legal standards for determining and quantifying reparation, the procedural aspects of reparation processes, and the role of international and national bodies in monitoring and enforcing reparation awards. It also highlights the challenges in ensuring effective and timely reparation, the importance of victim participation in reparation processes, and the impact of reparation on the rehabilitation and empowerment of victims. By analyzing the principles and practices of reparation, this title aims to provide a comprehensive understanding of the mechanisms for addressing the consequences of human rights violations and the importance of reparation in achieving justice and reconciliation.
This part explores the principles and mechanisms for the reparation of human rights violations and the enforcement of decisions rendered by international human rights bodies. It discusses the obligation of states to provide full reparation for harm suffered as a result of human rights violations, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. The sections examine the legal standards for determining and quantifying reparation, the procedural aspects of reparation processes, and the role of international and national bodies in monitoring and enforcing reparation awards. Additionally, this part focuses on the enforcement mechanisms and challenges in implementing international human rights decisions. It discusses various models of enforcement, including judicial review, hybrid monitoring, and political and diplomatic control. The part highlights the importance of effective enforcement in ensuring the realization of human rights and the accountability of states for human rights violations. By providing insights into the reparation and enforcement processes, this part emphasizes the critical role of comprehensive and effective mechanisms in achieving justice and reconciliation for victims of human rights violations.
This chapter explores the principle of full reparation for human rights violations under international human rights law. It discusses the obligation of states to provide reparation, the forms of reparation, and the challenges in implementing this principle. The chapter examines the legal standards for full reparation, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. It also highlights the role of international bodies in monitoring and enforcing reparation obligations, the importance of victim participation in reparation processes, and the challenges in providing adequate and effective reparation for human rights violations.
The perpetration of torture in peacetime almost inevitably involves the responsibility of a State. Indeed, State responsibility is at the heart of the international human rights law prohibition of torture, which also applies in a situation of armed conflict. In the case of torture as a war crime, a crime against humanity, or genocide, however, an entity other than a State may be directly responsible for acts of torture. Nevertheless, as a matter of general international law, given the seriousness of the violation of a jus cogens norm, in all situations the victims and survivors of torture are entitled to a remedy to help compensate for the harm they have suffered. The same principle should pertain to other forms of ill-treatment even though their prohibition is not also a peremptory rule of international law. The consequences of being tortured for the individual and his or her family can be both devastating and lifelong. Rehabilitation may help to turn a victim into a survivor, but it will never fully dispel the harm that has been inflicted. Some of the techniques developed by dedicated experts and non-governmental organizations to promote physical and psycho-social rehabilitation are referred to in this chapter.
Reparations for grand corruption: applies a human rights framework based on the UN Basic Principles on Remedy and Reparations to thinking about reparations for grand corruption on a national level. Under restitution, covers social reuse of confiscated property, and land restitution. Compensation is broken down into categories of damages arising from different corrupt acts, with a focus on loss of opportunity damages. The chapter also considers satisfaction, measures of non-repetition, diffuse harms and issues of causation.
After the two world wars, numerous Germans were forcibly removed or fled their homelands in eastern Europe, resettling in Germany. In both postwar periods, the Weimar Republic and the Federal Republic of Germany established compensation systems to indemnify the material losses and damages suffered by these refugees: the Gewaltschädengesetze (Violent Damages Laws) of 1921 and the Lastenausgleichsgesetz (Equalization of Burdens Law) of 1952. The article offers a unique comparative insight into the functioning of the two compensation mechanisms, examining six cases of applicants (or their heirs) who lost their homes twice in their lives and applied for compensation twice: first after the end of the First World War and then following the Second World War. The diachronic comparison reveals the complex nature of German national belonging, the persistence of the term Volksgemeinschaft in modern German history, and the role of class status in the context of compensation after both wars.
In an experimental setting in which investors can entrust their money to traders, we investigate how compensation schemes affect liquidity provision and asset prices, two outcomes that are important for financial stability. Compensation schemes can drive a wedge between how investors and traders value the asset. Limited liability makes traders value the asset more than investors. To limit losses, investors should thus restrict liquidity provision to force traders to trade at a lower price. By contrast, bonus caps make traders value the asset less than investors. This should encourage liquidity provision and increase prices. In contrast to these predictions, we find that under limited liability investors increase liquidity provision and asset price bubbles are larger. Bonus caps have no clear effect on liquidity provision and they fail to tame bubbles. Overall, giving traders skin in the game fosters financial stability.
This paper reports the results of an experiment on how team heterogeneity in terms of productivity influences both the revenue sharing proposed by the principal to the team and the employees’ performance. Experimental evidence shows that when the team is heterogeneous, the principal does not try to motivate the agents through her sharing offer. Regardless of the level of team-based compensation, a large amount of free riding occurs since each agent is mainly influenced by his teammate's behavior. In contrast, when the team is homogeneous, agents are better able to cooperate, reciprocating the principal's offer.
In addition to a citizen initiative to launch a criminal lawsuit against Tepco and Japanese state executives over their responsibility for the Fukushima nuclear disaster, more than thirty collective civil actions have been launched across the country. Thus far, thirteen verdicts have been handed down, with a large majority of courts ruling against Tepco and the state. Despite disappointingly small amounts of compensation, these verdicts carry important sociological significance as they challenge the government's efforts to restart nuclear power plants. This article provides an overview and typology of the lawsuits, showing that these civil actions build on a legacy of social movements organized by networks of lawyers and activists.
The first year or two of rural practice has been financially fraught for lawyers in the Rural Attorney Recruitment Program, but earnings have steadily increased for most lawyers. This chapter considers the financial position of the lawyers, looking at hourly rates, salary, benefits, government pay, and pay structure. It also considers the importance of the stipend and how lawyers used the stipend, concluding that the stipend was crucial for most lawyers.
Over the years, the economic relationship between China and African states has continued to grow and this is evident in the volume of Chinese investments in Africa. In the wake of these investments, China and African states have signed bilateral investment treaties (BITs), which aim to promote the development of host states and protect foreign investments from one contracting state in the territory of the other contracting state, thereby stimulating foreign investments by reducing political risk. BITs are unique in character in that they provide substantive protections to foreign investors and a basis for claims by an individual or company against a host state on grounds that such substantive protections have been breached by the host state. To avoid the need to turn to the national courts in the host state for a judicial remedy, BITs usually contain an arbitration clause submitting disputes to a neutral arbitration tribunal. This case study demonstrates one such instance where, in a first-of-its-kind case, a Chinese investor sued Nigeria, an African host state, for breach of its treaty obligations under the China-Nigeria BIT 2001, and throws light on how BITs can be used in the protection of Chinese outbound investments, including in Africa.
This chapter is an introduction to flow cytometry aimed at newcomers in the field but also intended as a refresher for seasoned flow cytometrists confronted with unexpected data related to physical interferences, compensation problems, autofluorescence or aiming at harmonising instruments. It also provides counsel on panel building, sample handling and data display, fundamental points to consider in setting up new protocols.
This chapter reviews theories of cognitive aging, considering how those classic theories intersect with those informed by cognitive neuroscience methods. The chapter also reviews cognitive neuroscience methods, reviewing methods to study the structural integrity of the brain as well as those used to investigate brain function or the ways in which multiple measures can be combined. The chapter ends with discussion of recent methodological advances, including multivariate analysis methods and the study of beta-amyloid and tau.
Experts argue that resource transfers from developed to developing countries are central to international climate policy efforts. Yet as countries grapple with the political difficulties of provisioning and accepting climate funds, understanding why voters support or oppose international climate finance becomes critical. Focusing on domestic audiences in both donor and recipient countries, we investigate the determinants of public support for cross-border climate transfers. Theoretically, we focus on the effects of emphasizing the compensatory purposes of funding, favoring mitigation over adaptation activities, and prioritizing partnerships between donor and recipient agents—three factors that generate both normative and material benefits, and thus build support among broader coalitions of voters. Paired survey experiments in the United States and India corroborate the relevance of these transfer features for citizens in donor and recipient countries. Taken together, our findings shed light on the domestic political-economy attributes of transfer agreements that can unlock support for cross-border climate cooperation.