Abstract
AbstractThis chapter explores reparations theory and practice in the context of transitional justice, accounting for the potential for the case for reparations for transatlantic enslavement to be decided through extralegal mechanisms. As the framework in which many reparatory justice programs have been delivered in practice, learning from this context provides important insights for considering reparations for slavery. This chapter examines the nature, objectives, and elements of reparatory justice in transitional justice, identifying similarities and departures from the international legal frameworks. It therefore provides insights into approaches to reparations that may be pursued in responding to transatlantic enslavement and other historic injustices, where legal mechanisms cannot, or do not, operate. It further highlights the relevance of reparatory transitional justice for the international legal system as a whole, in light of the injustices at the root of this system.
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