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Remarks by Ashley Barnes

Published online by Cambridge University Press:  24 March 2023

Ashley Barnes
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Extract

Violations of international law harm large numbers of individuals—in situations ranging from armed conflicts to environmental disasters. Legal and practical obstacles remain for these individuals in accessing justice under international law.1 There are, however, early signs of change. My paper's contribution to the panel is in identifying a legal sensibility coalescing around new approaches to compensation for mass harms—what I call an emerging law of international compensation (or ELIC). ELIC is a combination of ideas, forms, practices, and procedures that provide previously unavailable opportunities for large numbers of individuals to seek redress at the international level. Looking more closely at various innovative approaches to compensation within a broader push for access to justice internationally, I discuss what is meant by ELIC, its key attributes, and why it matters.

Type
New Voices in International Law: Remedies and Reparations for Individuals Under International Law
Information
Proceedings of the ASIL Annual Meeting , Volume 116 , 2022 , pp. 211 - 213
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law

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Footnotes

This panel was convened at 9:00 a.m. on Saturday, April 9, 2022, by its moderator, Kimberly Larkin of Three Crowns LLP, who introduced the speakers: Ashley Barnes of the University of Toronto Faculty of Law; Brian L. Cox of Cornell Law School; and Sotirios-Ioannis Lekkas of the University of Groningen Faculty of Law.

References

1 See, e.g., Francesco Francioni, Access to Justice as a Human Right (2007).

2 Christine Evans, The Right to Reparation in International Law for Victims of Armed Conflict (2012).

3 Luke Moffet, Justice for Victims Before the International Criminal Court (2014).

4 Abaclat and Others v. Argentine Republic, ICSID Case No. ARB-07-5, The Argentine Republic, Decision on Jurisdiction and Admissibility (Aug. 4, 2011).

5 Christoph Sperfeldt, Rome's Legacy: Negotiating the Reparations Mandate of the International Criminal Court, 17 Int'l Crim. L. Rev. 351, 359 (2017).

6 Abaclat, supra note 4, paras. 483–88; see, e.g., Siegfried Wiessner, Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v. Argentina, 1 J. Int'l & Comp. L. 55 (2014).

7 Conor McCarthy, Reparations and Victim Support in the International Criminal Court 71 (2012).

8 See, e.g., Stefan Hindelang & Markus Krajewski, Shifting Paradigms of International Investment Law (2016).

9 Andrea Marco Steingruber, Abaclat and Others v. Argentine Republic: Consent in Large-Scale Arbitration Proceedings, 27 ICSID Rev. 237 (2012).