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Reparations In Domestic And 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 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 2009-04-24 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
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 The right to individual reparations for systematic crimes. Legal basis, scope, enforcement by : Kevin Couvillion
Download or read book The right to individual reparations for systematic crimes. Legal basis, scope, enforcement written by Kevin Couvillion and published by GRIN Verlag. This book was released on 2018-02-14 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2016 in the subject Law - Penology, grade: 16,00, Humboldt-University of Berlin (Lehrstuhl für deutsches und internationales Strafrecht, Strafprozessrecht und Juristische Zeitgeschichte), course: Transitional Justice, language: English, abstract: The aim of this paper is to contour a normative model of reparations in transitional societies – alternatively dubbed as reparatory justice – and assess to what extent redress has become individualized and truly victim–oriented. It seeks to convey the vital demand associated with reparations: To restore the victim’s sense of dignity and moral worth and to remove his burden of disparagement often connoted with victimhood. Throughout the past decades various states have emerged in processes of replacing pre–democratic political systems which have commissioned mass atrocities under an authoritarian rule. These young nations – often lacking a coherent institutional architecture and financial resources – are confronted with the mammoth task of instating a functioning government and developing a rule of law. Criminal prosecutions, lustration, truth commissions and a general notion of reconciliation – said “policies of coming to terms with the past” (stemming from its German original Vergangenheitsbewältigung) form the cornerstone of what is collectively described as transitional justice. The arguably most important duty of transitional democracies, however, is to identify victims and perpetrators of the previous regime and to provide adequate redress for individuals without jeopardizing the newly found peace and stability. Much of the literary discussion has been criticized for poorly addressing the needs of victims and placing the issue of reparations on the sidelines. Further, transitional justice programs often had the practical effect of subordinating the individual victims to the majority’s desire to ignore the past. Several reparations initiatives have even been accused of re–victimizing the survivors or attempting to buy the victims’ silence.
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.
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 Collective Reparations by : Diana Odier Contreras-Garduno
Download or read book Collective Reparations written by Diana Odier Contreras-Garduno and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.
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 Reparations for Victims of Armed Conflict by : Cristián Correa
Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Book Synopsis Collective reparations by : Diana Odier-Contreras Garduno
Download or read book Collective reparations written by Diana Odier-Contreras Garduno and published by . This book was released on 2018 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them. This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.
Author :International Organization for Migration Publisher :Hammersmith Press ISBN 13 :929068450X Total Pages :308 pages Book Rating :4.2/5 (96 download)
Book Synopsis Property Restitution and Compensation by : International Organization for Migration
Download or read book Property Restitution and Compensation written by International Organization for Migration and published by Hammersmith Press. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans
Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar
Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
Book Synopsis An Introduction to International Criminal Law and Procedure by : Robert Cryer
Download or read book An Introduction to International Criminal Law and Procedure written by Robert Cryer and published by Cambridge University Press. This book was released on 2014-06-12 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of market-leading textbook contains both updated and new material to give the most current coverage of the subject.
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 Time for Reparations by : Jacqueline Bhabha
Download or read book Time for Reparations written by Jacqueline Bhabha and published by University of Pennsylvania Press. This book was released on 2021-09-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping international perspective on reparations, Time for Reparations makes the case that past state injustice—be it slavery or colonization, forced sterilization or widespread atrocities—has enduring consequences that generate ongoing harm, which needs to be addressed as a matter of justice and equity. Time for Reparations provides a wealth of detailed and diverse examples of state injustice, from enslavement of African Americans in the United States and Roma in Romania to colonial exploitation and brutality in Guatemala, Algeria, Indonesia, Jamaica, and Guadeloupe. From many vantage points, contributing authors discuss different reparative strategies and the impact they would have on the lives of survivor or descent communities. One of the strengths of this book is its interdisciplinary perspective—contributors are historians, anthropologists, human rights lawyers, sociologists, and political scientists. Many of the authors are both scholars and advocates, actively involved in one capacity or another in the struggles for reparations they describe. The book therefore has a broad and inclusive scope, aided by an accessible and cogent writing style. It appeals to scholars, students, advocates and others concerned about addressing some of the most profound and enduring injustices of our time.
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.
