Verfassungsblog (Dec 2022)

From Past Injustices to Today’s Unlawful Consequences / Eurocentric legal systems with a global social claim to validity?

  • Natalia Loyola Daiqui,
  • Sebastian-Manès Sprute

Journal volume & issue
no. 2366-7044

Abstract

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In this split contribution to the blog debate on „Restitution, Colonialism and the Courts“, Natalia Loyola Daiqui argues that the claim to eliminate the unlawful consequences of state action (Folgenbeseitigungsanspruch) can serve as a legal basis for restitution claims. Responding to this claim, Sebastian-Manès Sprute raises the question in how far relying on German administrative law would revive the asymmetrical colonial power relationship. restitution and repatriation claims of formerly colonized communities are subject to German administrative law.