The Rethinking Expropriation Law initiative hosted a Conference on Compensation for Expropriation in Cape Town, South Africa on December 7-9, 2016. The final session of the Conference took place on December 9 and aimed at discussing the development of a protocol on fair compensation.

For  the final session in Cape Town, scholars, judges, activists, and government officials from around the world sat together to provide input on what guidance and principles should be included in the protocol on fair compensation.

By Marian Amissah-Ocran

First, Maame Kraba was diagnosed with HIV. Shortly thereafter, her husband died of the disease. For Maame, a young mother of two children living in Western Region, Ghana, her husband’s death marked an abrupt change in her family’s circumstances, one that would put her rights to land in jeopardy.

SESSION 4: FACTORS OF COMPENSATION; VALUE OF LAND

Dr Shai Stern (Dr. Shai Stern (Professor of Law, Bar-Ilan University)

Restoring Justice in Expropriation Law

  • There is general agreement on the concept of fair or just market value for compensation, yet this concept is based on different ideas of justice
  • A Restorative conception of justice provides a coherent and circumstances’ attentive normative framework to address the most significant challenges related to compensation