subjects – states. In 1945, such an idea was still a radical one given the domination of international relations by states hitherto. This explains why the UN Charter was silent on the matter of international legal personality (although it granted the UN legal capacity in national legal orders). However, by 1949, the matter was settled in favour of the UN having international legal personality with the concomitant right to bring claims against states following the ICJ’s advisory opinion in the Reparations case (see Case Study 7). That ICJ opinion, however, is just the
Global Africa, Reparations, and the End of Pan-Africanism
vocal and sometimes vociferous. Reparations would, however, turn out to be the key that slammed African doors in the face of the diaspora.
The “West” – the United States, Canada and Western Europe – stood in solidarity with each other. Africa broke with its own diaspora, joined with the former enslavers and colonisers, sending shivers down the spines of Pan-African soldiers and scholars. Thus was shattered the Pan-African solidarity that had so painstakingly been constructed over half a millennium. One by one, African leaders told the
This collection of lively biographical essays examines historical and contemporary Pan-Africanism as an ideology of emancipation and unity. The volume covers thirty-six major figures, including well-known Pan-Africanists such as W.E.B. Du Bois, Marcus Garvey, Amy Ashwood Garvey, C.L.R. James, George Padmore, Kwame Nkrumah, Frantz Fanon, Steve Biko, and Thabo Mbeki, as well as popular figures not typically identified with mainstream Pan-Africanism such as Maya Angelou, Mariama Bâ, Buchi Emecheta, Miriam Makeba, Ruth First, Wangari Maathai, Wole Soyinka, Derek Walcott, V.Y. Mudimbe, Léopold Senghor, Malcolm X, Bob Marley, and Fela Anikulapo-Kuti. The book explores the history and pioneers of the movement; the quest for reparations; politicians; poets; activists; as well as Pan-Africanism in the social sciences, philosophy, literature, and its musical activists. With contributions from a diverse and prominent group of African, Caribbean, and African-American scholars, The Pan-African Pantheon is a comprehensive and diverse introductory reader for specialists and general readers alike.
First World War), with no opportunity to negotiate milder terms. For this, they and their new regime were blamed by the German people and especially by their political enemies. The terms of that treaty, involving losses of territory on the western and eastern borders of Germany, severe restrictions on the size and structure of the military, payment of heavy reparations to the victorious powers (just as France had had to pay reparations to Prussia in 1871), and admitted acceptance of guilt for starting the war, all rankled with many Germans. Agitators on the extreme
employment law facilitated by the creation of administrative tribunals can be seen, along with the functional protection of agents recognised in the Reparations opinion, as being essential for the recruitment and retention of a highly qualified and skilled UN workforce. The ICJ in the Reparations case in 1949 recognised a right of protection that cannot readily be implied from any of the express provisions of the Charter. In so doing, it recognised that the UN had rights of protection over individuals overlapping or in ‘competition’ with those customarily belonging to
still a radical one given the domination of international relations by states. This explains why the UN Charter was silent on the matter of international legal personality (although it granted the UN legal capacity in national legal orders). However, by 1949 the matter was settled in favour of the UN possessing international legal personality, with the concomitant right to bring claims against states, following the International Court’s advisory opinion in the Reparations case.
Chapter 5: The doctrine of powers: the key to governance
The possession of
susceptible of objective proof, it is established through formal proceedings under the jurisdiction of a court, and it is subject to punishment as determined by the court. Political guilt arises from the fact that everyone ‘is co-responsible for the way he is governed’ and has therefore to bear the consequences of deeds of state; this may involve liability for reparations following on defeat in war. Moral guilt arises because we are, as individuals, responsible for our actions, including the execution of orders. The proper forum of moral guilt is the individual’s own
subsidiary organs as it deems necessary for the performance of its functions’. An ‘agent’ is defined in Article 2(d) ARIO as meaning an ‘official or other person, or entity, other than an organ, who is charged by the organization with carrying out, or helping to carry out, one of its functions, and thus through whom the organization acts’. This essentially was the definition of ‘agent’ adopted by the ICJ in the Reparations opinion of 1949 in relation to Count Bernadotte who had been assassinated while acting as the UN’s peace mediator in the Middle East. 11
The ILC did
Holocaust. In January 2000 one newspaper article referred to at least five different critical positions on the history of the Holocaust. 3 The most controversial was that taken by Irving himself, who had denied the existence of gas chambers at Auschwitz, claiming that this was a ‘myth’ constructed by the Israelis to extract financial reparations from the West German government. Lipstadt has interpreted this argument as both an anti-Semitic attack on the state of Israel, and an attempt to rehabilitate National Socialism, purged of the taint of genocide 4 .
labor policy and called for reparations for Germans forced out of Czechoslovakia after Hitler’s defeat. In the 2000 election some 47 percent of the Austrian working class voted for the Freedom Party.
Haider based his political message on an anti-immigrant (specifically, Balkan) gospel. He embodied the European far right as its most recognizable leader of the era in the way that Marine le Pen does today. Austria’s political circumstances – favorable to PRR gaining working-class support – were comparable to the European scene more generally. However, Haider fell out