Reparations for Colonialism Beyond Legal Responsibility

Document Type

Article

Publication Date

2026

Abstract

Reparations for colonialism and colonial-era atrocities have moved from an unrealized demand of citizens, politicians, and thinkers in the Global South to a project with some results in the real world. While philosophers have shown the moral complexity of the issues -- who has a duty to whom, and for what? -- international lawyers have tried to find a legal duty to provide such reparations. But international law’s doctrine of state responsibility makes such a duty elusive and deploying its rules is ultimately a distraction to getting reparations into the hands of those with a right to them. Transitional justice also faces limits as a set of norms in this transnational context. A more promising path to this goal sees reparations as part of a strategy of conflict resolution and would involve states negotiating ad hoc agreements providing for reparations, with significant flexibility on their terms. Over time, a set of best practices can emerge that lead to reparations in a manner reflecting the diverse participants and harms of colonialism.

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