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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby
Reparations are broadly understood as compensation given for an abuse or injury. [1] The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by ...
War reparations are often governed by treaties which belligerent parties negotiate as part of a peace settlement. [1] Payment of reparations often occur as part of a condition to remove occupying troops or under the threat of re-occupation. [1] The legal basis for war reparations in modern international law is Article 3 of the Hague Convention ...
Reparations for Slavery and the Slave Trade: A Transnational and Comparative History. Bloomsbury. ISBN 978-1350010604. Brophy, Alfred L. Reparations: Pro & Con. Oxford: Oxford University Press, 2006. Brooks, Roy L. Atonement and Forgiveness: A New Model for Black Reparations. Berkeley: University of California Press, 2004.
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
Reparation (legal), the legal philosophy; Reparations (transitional justice), measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law; Reparations for slavery, proposed compensation for the Atlantic slave trade, to assist the descendants of enslaved peoples
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, ...