Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments March 5, 2021 erstellt
Description:
Can you put a price on freedom? In 1825, France engaged in this valuation with precision. France demanded a 150 million franc indemnity from Haiti in return for sovereignty, which Haiti already possessed. With French gunboats positioned in the harbor, Haiti signed a treaty agreeing to France’s terms. The sum demanded was five times France’s total budget, ten times Haiti’s budget, and three times the price of Louisiana. This paper argues that Haiti is entitled to the repayment of the indemnity under a theory of unjust enrichment because, under international law of the time, the treaty would have been invalid for (1) threatening Haiti’s survival as a nation, (2) lacking effective consent, and (3) violating notions of justice and equity