This chapter argues that Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) does not require proof of innocence. At the same time, it only requires compensation for some wrongful convictions and may require updating especially for false guilty pleas. International criminal courts have a potential to be hybrids of adversarial and inquisitorial systems that provide optimal protection against wrongful convictions. Unfortunately, this has often not been the case, raising the risk of false guilty pleas. Nevertheless, the International Criminal Court has made improvements compared to previous courts. Except in Australia, the right to appeal under Article 14(5) of the ICCPR is underdeveloped. South Africa’s approach to appeals is especially restrictive. Proposals to recognize a new international right to claim and prove innocence are critically examined. Article 9(5) provides a broad but often underenforced right to compensation for unlawful detention. Compensation should not, in accordance with international law remedial principles, be limited to monetary compensation. Compensation is not sufficient because it only subjects the human rights violated by miscarriages of justice to liability rules and does not ensure their non-repetition.

Miscarriages of justice encompass more injustice than wrongful convictions or proven innocence. Proven innocence is the most severe rationing of justice, but it is popular, especially for non-lawyers and in mass imprisonment societies such as China and the United States. Originally used as a rationale for compensation in the United States, it now also rations post-conviction relief. It has been used to ration compensation in England since 2014 but was rejected in the 2024 Canadian reforms, creating a Miscarriage of Justice Review Commission. Some Australian states have been attracted to it in recent legislation, but the Chamberlain and Folbigg wrongful convictions have properly been corrected because of reasonable doubts about the guilt of the two women. Following Ronald Dworkin, there needs to be greater concern about inequality in the distribution of the risks of injustice. The danger of wrongful conviction reforms providing justice for a few while legitimating injustices for many is most acute in authoritarian societies such as China, but not absent in democracies. Comparative law, legal process and historical analysis can contribute to richer understandings of miscarriages of justice. Two different future scenarios, one that provides justice for less and another that provides justice for more, are outlined.

Abstract: This chapter considers three key types of international judicial remedies, exploring their content, availability, and behavioural influence. Through Mere Adjudication, an adjudicator establishes the existence, applicability, and content of legal rules. Through a Declaration of Breach, a court declares that a party’s conduct violates legal obligations. Where a violation is found, international courts often establish Consequential Duties, determining how a wrongdoer must act to bring an end to its violation and provide reparation for injury. Overall, international judicial remedies seek to prevent states’ adoption of unilateral remedies, grounded on their own understanding of the law and facts. International courts are unable to determine the application of coercive measures against states. Thus, every remedy is a communication regarding either the interpretation of the law or the application of this law to conduct. Judicial pronouncements have remedial value if they are able to mobilise pro-compliance forces, internal and external to states, by which the international normative framework guides state conduct.

Starting with the pioneering work of Edwin Borchard, the American focus has been on proven factual innocence. This concept has a populist appeal and fits with America’s moralistic and highly punitive approach to crime. Proven innocence has inspired both legislative reforms and executive grants of clemency. It has had somewhat less success with American courts. American Federal courts require proven innocence for some defaulted habeas corpus claims but have not recognized free-standing innocence claims. Death row exonerations have played a role in executive moratoriums and legislative abolition of the death penalty in some states but have not resulted in judicial abolition. Mass exonerations related to policing and forensic science scandals have received far less attention than the UK’s post office scandal even though they reveal much about false guilty pleas and systemic discrimination. Generous systems of legislative compensation and civil rights litigation are related to the popular appeal of proven innocence and successful civil right litigation. Finally, some possible future directions for American innocence projects and movements in light of Trump’s first presidency and his re-election in 2024 are assessed.

This chapter examines what is known about China’s remedied wrongful convictions including three well-publicized “back from the dead” cases. The predominant cause was false confessions obtained through police torture. As in the United States, remedied cases typically involved multiple rounds of litigation that establish proven or obvious innocence. China’s responses to well-publicized wrongful convictions from 2006 to 2013, including the introduction of an exclusionary rule for involuntary confessions, are assessed. These reforms may help legitimate or wrongful conviction wash an unjust system. Unremedied wrongful convictions may increase under a 2018 law to encourage guilty pleas. The precarious and marginal role of defence lawyers is examined. Compensation has increased for the wrongfully convicted and is available to the wrongfully detained. The extension of the authoritarian Chinese system would have regressive effects, given Hong Kong’s broader focus on miscarriages of justice and Taiwan’s more democratic approach and lesser reliance on guilty pleas.

As in China, many of India’s remedied wrongful convictions involved police-induced false confessions. They likely reveal only a small “tip of the iceberg,” given the many missing remedied wrongful convictions found in other jurisdictions. Indian appellate courts are not reluctant to overturn convictions in part because of the absence of jury trials. India’s record of remedied wrongful convictions supports the abolition of the death penalty, with no exception for terrorism cases. Criminal laws enacted by the Modi government at the end of 2023 have increased the risk of wrongful convictions by, for example, increasing police custody, forensic investigations and restricting executive clemency. The 2023 laws did not implement the 2018 Law Commission recommendations to provide compensation for both the wrongfully detained and the wrongfully convicted, even though three-quarters of prisoners in India are awaiting trial.. Finally, possible futures for innocence projects and innocence movements in India are explored, with attention to the need to be sensitive to local conditions.

Chapter 5 compares laws of employment protection, compensation, and labor unions in the three countries, and describes how the different laws affect incentive bargaining of the firm and corporate governance. The US employment-at-will rule gives employers almost complete discretion to dismiss employees unless there are either contractual protections or discrimination. The Japanese abusive dismissal rule strictly restricts employers’ discretion in dismissing employees even in business downturns. Relative to Japanese companies, the US companies rely heavily on performance-based pay, which includes generous stock options. Among the compensation packages in China, the portion of payment for social insurance and welfare benefits is large. Performance-based bonuses play a significant role in privately owned enterprises (POEs). The US labor unions are basically industry unions and adversarial to management, while Japanese labor unions are company unions and are rather agreeable to management. All labor unions in China are government-backed, organized only on individual enterprises, and expected to mitigate labor disputes.

Chapter 3 investigates the frequent accidents caused by American military vehicles, the most common trigger of everyday tensions, as well as GIs’ turbulent relationships with rickshaw pullers. Following frequent accidents caused by drunk driving, speeding, and negligence, the Jeep turned from an object of enchantment, being a symbol of Allied prestige and a cultural spectacle and popular commodity, into a military tool of intimidation, danger, and harassment, threatening the existing order of the Chinese society and nation. As the two sides fought over speed limits, economic compensation, moral responsibilities, and legal justice, the Jeep–GI duality, embroiled in local street politics with rickshaw pullers, became the ultimate symbol of prolonged American occupation trampling Chinese sovereignty.

Neither the First nor the Second Moroccan Crisis escalates to a war between the major states. In the First Moroccan Crisis, Kaiser Wilhelm II did not believe it was worth fighting a war over Morocco. In the Second Moroccan Crisis, the actors had recourse to the norm of compensation, which provided a focal point and procedure that guided the negotiations. It ultimately made a bargain possible and facilitated a peaceful resolution to the crisis. Nevertheless, despite the use of the norm of compensation and accommodationists at the highest levels of German decision-making, the case shows that coercive bargaining could have led to war.

This chapter outlines to what extent which kinds of remedies are available to the successful applicant. Albeit the differences in the wording of the various IAT statutes, it argues that it is possible to map out guiding principles for the assessment of the remedies to be granted, including remedies inherent in IATs’ powers. Moreover, it offers a critical analysis of the legal framework and its implementation by IATs in relation to the right to an effective remedy.

The goal of this chapter is to introduce racial trauma, radical hope, healing, and Black reparations. It begins with the story of Laverne Cox, a Black transgender woman, actress, and trans civil rights activist who wrote an essay on the impact of White supremacy on multiple generations of her family. The story of Laverne illustrates racial trauma, the emotional responses rooted in structural racism that have an intergenerational impact on health. Informed by a reparatory justice approach, this chapter examines radical healing, hope, and reparations to deal with racial trauma and achieve justice. Radical does not mean violent or extremist but is the notion that complete change is necessary to address political problems. It discusses some features and popular myths about reparations, and examines five principles for reparations: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. The chapter includes a Food for Thought section on how education may increase support for Black reparations. It ends with a discussion of Laverne Cox and finding hope in our ancestors.

This chapter explores the role of functional connectivity (FC), as measured by FMRI, in the neural processes involved in the recovery from aphasia following left hemisphere strokes. It distinguishes between normalization (restoration of typical connectivity patterns) and compensation (reorganization and recruitment of new regions and connections). The chapter organization is based on two methodological dimensions. One is the type of connectivity measured: resting-state vs. task-based FC. The second is the study design: a single time-point scan, examining the correlation between connectivity and language performance across individuals; or a pre/post-treatment design, examining changes in connectivity within participants. While the results of many studies show that normalization of left hemisphere connectivity contributes to language performance, there is also evidence for compensatory processes in both hemispheres and in interhemispheric connectivity, as involved in language recovery. The chapter also highlights the role of connectivity with domain general networks in aphasia studies, beyond the language network. Studies measuring large scale networks show mixed evidence regarding the contribution of integration across networks vs. segregation and specialization of networks to language recovery. The chapter emphasizes the importance of considering factors like patient heterogeneity, lesion characteristics, and the type of FC analysis when interpreting results.

More than 40,000 people went missing in the ex-Yugoslavia armed conflicts where the fate and whereabout of almost 10,000 of them is still unknown. Since then, various initiatives at the national and the regional level have been made to carry out search and identification processes, but the reparative mechanisms available to families of persons who disappeared have remained underdeveloped, and largely differs within the region. This chapter sheds a light on the recent legislative developments and a jurisprudence in the ex-Yugoslav republics that used to be the most affected by conflict; Bosnia and Herzegovina, Croatia and Serbia (Kosovo and Metohija), focusing on the differences in the level of the international obligations for the states in the Region arising from both: different ratification status of relevant international law instruments and the different status in terms of the EU accession processes. The special attention was paid to the direct and ex-tempore applicability of those international law instruments, considering the complexity of the constitutional organisation of the states, but also the different time frames which the states apply when define ‘the state of war’.

It begins by defining possession and its legal implications, detailing how possession is established, maintained, and protected. The chapter explores the rights and obligations of possessors and the legal remedies available in cases of wrongful possession or disputes. It then delves into the legal framework of expropriation, highlighting the conditions under which the state can expropriate private property. It discusses the procedural requirements for expropriation, including the need for public interest justification, fair compensation, and the legal processes involved in challenging expropriation decisions.

By analyzing these aspects, the chapter provides a comprehensive understanding of the balance between protecting individual property rights and the state’s power to expropriate property for public use. It highlights the challenges and legal safeguards in place to ensure fair and transparent expropriation practices, offering valuable insights into the complexities of possession and expropriation in the Chinese legal system.

The chapter deals with fidelity of content, specifically concepts and register. I first discuss the querelle (‘dispute’) between those who favoured word-for-word translations and those who believed in updating or beautifying the ancient text for their contemporary audience, as captured in the phrase ‘les belles infidèles’, an approach which involves the notion of ‘compensation’. I then ask how translators tackle key concepts in Virgil’s oeuvre, such as the untranslatable pietas of the Aeneid, along with specific challenges that arise from Virgil’s Latin texts, such as puns and the incomplete lines. I investigate how translators attempt to match the various registers of the Eclogues, Georgics and Aeneid, then I consider the lens provided by the theoretical spectrum of domestication and foreignization, with examples including Aeneid translations in Italian, English, Romanian, German, Brazilian Portuguese and Russian, concluding with Chew’s uncategorizable Georgics.