Reconsidering International Compensation in Historical Context

Abstract

There is growing interest in the push for individuals to seek direct remedies, notably compensation, for violations of international law. Yet, there is more for scholars to glean from the historical antecedents of compensation for individuals as a recurring idea in international law. The notion of ‘international claims’ can be traced back to the late 18th century. International claims commissions began as ad hoc arrangements that tended to follow wars. In contrast to existing historical accounts, however, the author shows there is more at work in the international law precedents for present-day mass claims than a simple rise and fall of a single idea of compensation, with the occasional isolated contemporary resurfacing. The author contends instead that the history of compensation is deeply linked to its context—meaning different things in different periods—and reflected in four models of compensation (Collateral Private Claims, Arbitration–Diplomatic Protection, Reparations and Institutional-Transition).