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6 - Assessing Diverse National Experiences

from Part III - Reparation Mechanisms

Published online by Cambridge University Press:  10 October 2025

Taygeti Michalakea
Affiliation:
European Law and Governance School, Athens
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Summary

Chapter 6 offers an account of court-ordered and administrative reparations that included corporate actors and tackles the common ‘development’-oriented justifications against such efforts. It empirically analyses court-ordered reparations against corporate malefactors and explores the role of both national and foreign courts as valuable resources in the pursuit of justice. It highlights the different obstacles that have been faced, in cases arising out of transitioning states, with particular emphasis to the arduous challenge posed by the South African state’s opposition to litigation. That opposition was based on developmental and investment concerns, which the book disavows in favour of more transformative approaches that challenge pre-existing structures of exclusion, marginalization and power, and can nest concerns over economic actors that anchor them. Administrative reparations that include corporate malefactors have been scarce, spearheaded again by Colombia. The last segment of Chapter 6 delves into the intricate process of land restitution in Colombia, where – in principal – trailblazing regulation has been poorly implemented.

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When Corporate Accountability meets Transitional Justice
International Law and National Practice
, pp. 218 - 258
Publisher: Cambridge University Press
Print publication year: 2025

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