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International Mass Claims Processes
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Book Synopsis Reparations in Domestic and International Mass Claims Processes by : Jason S. Palmer
Download or read book Reparations in Domestic and International Mass Claims Processes written by Jason S. Palmer and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation.
Book Synopsis International Mass Claims Processes by : Howard M. Holtzmann
Download or read book International Mass Claims Processes written by Howard M. Holtzmann and published by OUP Oxford. This book was released on 2007-03-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in order to consider legal claims resulting from the significant historic events, Mass Claims Processes have become increasingly important phenomena in international dispute resolution. Processes covered in this book include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraq's invasion of Kuwait) and Mass Claims Processes relating to the Holocaust, the conflicts in Bosnia and Kosovo, and the war between Eritrea and Ethiopia. The book is structured around forty-seven basic topics that typically arise when creating an international Mass Claims Process, offering commentary on the ways in which the various Processes have dealt with each topic.
Author :Permanent Court of Arbitration. International Bureau Publisher :Oxford University Press, USA ISBN 13 : Total Pages :556 pages Book Rating :4.3/5 (91 download)
Book Synopsis Redressing Injustices Through Mass Claims Processes by : Permanent Court of Arbitration. International Bureau
Download or read book Redressing Injustices Through Mass Claims Processes written by Permanent Court of Arbitration. International Bureau and published by Oxford University Press, USA. This book was released on 2006 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume from the International Bureau of the PCA presents a collection of studies on innovative responses to the unique challenges of resolving large numbers of claims arising from common, often tragic, circumstances-mass claims. The mass claims processes discussed in this volume were created in the aftermath of war or other atrocities, and redress is often an important component of settlement for the victims. The authors consider mass claims processes both from a conceptual and a practical perspective through lessons learned over twenty-five years. This book covers innovations to speed mass claims processes by means of new standards of proof and the use of information technology, as well as specific mass claims processes: the United Nations Compensation Commission; the Austrian General Settlement Fund; the French Commission for the Compensation of Victims of Spoliation; the German Forced Labour Compensation Programme; and the reparations provisions of the Statute of the International Criminal Court. From a North American perspective, authors address the litigation of mass claims involving slavery under United States law, the United States Indian Claims Commission, and the successful completion of the September 11th Victim Compensation Fund. In addition, Volume 1 of the Final Report of the Special Master of the September 11th Victim Compensation Fund is reprinted in its entirety. The responses of the international community to current issues of compensation and reparations, the role of civil society actors in reparations legislation, and recent instruments adopted by the Council of Europe and the United Nations Commission on Human Rights are also reviewed.
Book Synopsis International Claims Commissions by : Lea Brilmayer
Download or read book International Claims Commissions written by Lea Brilmayer and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.
Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by : Carla Ferstman
Download or read book Reparations for Victims of Genocide, War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2020-02-17 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Book Synopsis Post-Conflict Property Restitution by : Margaret Cordial
Download or read book Post-Conflict Property Restitution written by Margaret Cordial and published by Martinus Nijhoff Publishers. This book was released on 2009-09-01 with total page 1877 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations.This is a two volume set.
Book Synopsis Class, Mass, and Collective Arbitration in National and International Law by : S.I. Strong
Download or read book Class, Mass, and Collective Arbitration in National and International Law written by S.I. Strong and published by Oxford University Press. This book was released on 2013-10-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Class arbitration first developed in the United States in the 1980s as a means of providing large numbers of individuals with the opportunity to assert their claims at the same time and in the same proceeding. Large-scale arbitration has since spread beyond U.S. borders, with collective arbitration being seen in Europe and mass arbitration being used in the international investment regime. Class, Mass, and Collective Arbitration in National and International Law considers all three forms of arbitration as a matter of domestic and international law, providing arbitrators, advocates and scholars with the tools they need to evaluate these sorts of procedural mechanisms. The book covers the best-known decisions in the field - Stolt-Nielsen S.A. v. Animal Feeds International Corp. and AT&T Mobility LLC v. Concepcion from the U.S. Supreme Court and Abaclat v. Argentine Republic from the world of investment arbitration - as well as specialized rules promulgated by the American Arbitration Association, JAMS and the German Institution of Arbitration (DIS). The text introduces dozens of previously undiscussed judicial opinions and covers issues ranging from contractual (or treaty) silence and waiver to regulatory concerns and matters of enforcement. The book discusses the entire timeline of class, mass and collective arbitration, ranging from the devices' historical origins through the present and into the future. Lawyers in a wide variety of jurisdictions will benefit from the material contained in this text, which is the first full-length monograph to address large-scale arbitration as a matter of national and international law.
Book Synopsis International Arbitration and the Permanent Court of Arbitration by : Manuel Indlekofer
Download or read book International Arbitration and the Permanent Court of Arbitration written by Manuel Indlekofer and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Book Synopsis International Mass Claims Processes by : Howard M. Holtzmann
Download or read book International Mass Claims Processes written by Howard M. Holtzmann and published by . This book was released on 2015 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass claims processes have become an increasingly important phenomena in international dispute resolution. This work analyzes this significant procedural innovation in international law.
Book Synopsis Non-State Actors, Soft Law and Protective Regimes by : Cecilia Bailliet
Download or read book Non-State Actors, Soft Law and Protective Regimes written by Cecilia Bailliet and published by Cambridge University Press. This book was released on 2012-08-09 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.
Book Synopsis Research Handbook on International Claims Commissions by : Chiara Giorgetti
Download or read book Research Handbook on International Claims Commissions written by Chiara Giorgetti and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.
Book Synopsis Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 18 (2005) by : A.Ch. Kiss
Download or read book Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 18 (2005) written by A.Ch. Kiss and published by BRILL. This book was released on 2021-12-28 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eighteenth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments and summaries of (aspects of) decisions rendered by the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia since 1991, the Iran-United States Claims Tribunal, the Permanent Court of Arbitration and the Hague Peace Conference on Private International Law.
Book Synopsis Post-Conflict Property Restitution (2 vols) by : Margaret Cordial
Download or read book Post-Conflict Property Restitution (2 vols) written by Margaret Cordial and published by BRILL. This book was released on 2009-09-14 with total page 1876 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations. This is a two volume set.
Book Synopsis International Arbitration and Technology by : Pietro Ortolani
Download or read book International Arbitration and Technology written by Pietro Ortolani and published by Kluwer Law International B.V.. This book was released on 2022-10-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.
Book Synopsis Reparations and Victim Support in the International Criminal Court by : Conor McCarthy
Download or read book Reparations and Victim Support in the International Criminal Court written by Conor McCarthy and published by Cambridge University Press. This book was released on 2012-04-12 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.
Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2015 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by : Arthur W. Rovine
Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2014-10-02 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich
