War Reparations and the UN Compensation Commission

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199389748
Total Pages : 446 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis War Reparations and the UN Compensation Commission by : Timothy J. Feighery

Download or read book War Reparations and the UN Compensation Commission written by Timothy J. Feighery and published by Oxford University Press. This book was released on 2015-01-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Compensation Commission (UNCC) is a claims reparation program created by the United Nations Security Council in May 1991, after the UN-authorized Allied Coalition Forces' military operations terminated the seven-month invasion and occupation of Kuwait by Iraq and liberated Kuwait. The UNCC was established with the objectives to receive and decide claims from individuals, corporations, and governments against Iraq as arising directly from Iraq's invasion and occupation of Kuwait; and to pay compensation for such claims. War Reparations and the UN Compensation Commission: Designing Compensation After Conflict is the first collective work on the UNCC claims program by experts who have contributed to its progress, and who have assisted in paving the way for more informed research on the Commission and its jurisprudence. Given its unprecedented, serious and sustained effort within the international community, the two-decade long operations of the UNCC deserve considerable attention and in-depth analysis especially with respect to its impact on the development and progress of international law in the areas of State responsibility and reparations.

Gulf War Reparations and the UN Compensation Commission

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199732205
Total Pages : 393 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Gulf War Reparations and the UN Compensation Commission by : Cymie R. Payne

Download or read book Gulf War Reparations and the UN Compensation Commission written by Cymie R. Payne and published by Oxford University Press, USA. This book was released on 2011 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War. In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.

The United Nations Compensation Commission

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111999
Total Pages : 294 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis The United Nations Compensation Commission by : Marco Frigessi De Rattalma

Download or read book The United Nations Compensation Commission written by Marco Frigessi De Rattalma and published by Martinus Nijhoff Publishers. This book was released on 1999-08-23 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Compensation Commission (UNCC) is a unique international institution, established by the Security Council in 1991 entrusted with the power of processing and assessing of claims against Iraq arising from the Gulf War and the payment thereof. The UNCC, as a subsidiary organ of the Council, has been created to determine the validity and amount of claims arising on or after August 2, 1990 based upon any direct loss, damage, including environmental damage and depletion of natural resources, to foreign States, nationals or corporations. Iraq, as a consequence of its unlawful invasion and occupation of Kuwait, is liable under international law for the damages incurred. In the seven years since its establishment, the UNCC's major body, the Governing Council, has issued more than forty decisions of a substantive and procedural nature, covering almost all areas of international law in the field of claims. The Panels of Commissioners, the quasi-arbitral bodies of the UNCC, have issued many reports examining a plethora of new as well as old legal issues which have been approved by the Governing Council; and, last but not least, the UNCC has started the payment of the awards. Not only will the UNCC be providing satisfaction to the numerous victims of Iraq's aggression; indeed, its activity will provide useful guidelines for the handling of mass international claims programs in the future. The "Handbook" contains the complete text of the relevant Security Council Resolutions and Reports of the Secretary General, all Governing Council's decisions, a review of the main legal statements by the Panels of Commissioners, a selected bibliography, an index and an introductory essay dealingwith the origins of the UNCC, the claims procedure, the substantive rules on State responsibility, the legal basis of the UNCC and its activities and the perspectives of the UNCC.

The Direct Causation Requirement in War Reparations

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Author :
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.:/5 (718 download)

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Book Synopsis The Direct Causation Requirement in War Reparations by : Laura Thompson

Download or read book The Direct Causation Requirement in War Reparations written by Laura Thompson and published by . This book was released on 1999 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reparations in Domestic and International Mass Claims Processes

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369199
Total Pages : 201 pages
Book Rating : 4.7/5 (853 download)

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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.

The United Nations Compensation Commission

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004636684
Total Pages : 498 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The United Nations Compensation Commission by : Lillich

Download or read book The United Nations Compensation Commission written by Lillich and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This widely-used book covers the establishment, nature, operations, and contribution of the United Nations Compensation Commission (UNCC), emphasizing the work of the Iran-U.S. Claims Tribunal, disputes between Kuwait and Iraq, judicial due process, mass claims processing, and compensating victims of crimes of state. Published under the Transnational Publishers imprint.

Documents of the United Nations Compensation Commission: Basic documents

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Author :
Publisher : United Nations, Security Council
ISBN 13 :
Total Pages : 238 pages
Book Rating : 4.:/5 (9 download)

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Book Synopsis Documents of the United Nations Compensation Commission: Basic documents by : United Nations Compensation Commission

Download or read book Documents of the United Nations Compensation Commission: Basic documents written by United Nations Compensation Commission and published by United Nations, Security Council. This book was released on 2001 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains selected Security Council resolutions concerning relations between Iraq, and Kuwait and the guidelines and criteria established by the Governing Council of the Compensation Commission concerning the processing of claims and the payment of awards. This edition contains documents issued through March 2001. An introduction briefly describes the Commission's work. The appendix lists all decisions of the Governing Council. No index. c. Book News Inc.

Developments in the Law of Environmental Reparations

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Author :
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Developments in the Law of Environmental Reparations by : Cymie R. Payne

Download or read book Developments in the Law of Environmental Reparations written by Cymie R. Payne and published by . This book was released on 2016 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Compensation Commission (UNCC) is a unique model for liability and compensation of environmental damage in an international context, influencing both jus in bello and jus post bellum. The 1990-1991 Gulf War to evict Iraq from Kuwait was a public spectacle of environmental damage. It was followed by the UNCC's legal process that catalogued, assessed and awarded money to pay to clean and repair the damaged soil, water, coastal ecosystems, and other harms. The UNCC's contributions include integration of environmental law principles into the reparations process; use of advanced techniques for assessment of environmental damage; and use of a multilateral process in a way that balanced confidentiality and transparency. The UNCC environmental program advanced international law most significantly by serving notice that environmental damage caused in relation to an armed conflict can be a culpable offense. Finally, a great contribution of the UNCC environmental program, and its successors, will be the spotlight they shine on the often ignored devastation to the natural environment caused by armed conflict and its potential to lead us toward prevention of harm.

The Right to Reparation in International Law for Victims of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139510800
Total Pages : 299 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by 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: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

Collective Reparations

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Author :
Publisher :
ISBN 13 : 9781780687056
Total Pages : 0 pages
Book Rating : 4.6/5 (87 download)

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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.

The United Nations Compensation Commission and the Balancing of Rights Between Individual Claimants and the Government of Iraq

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The United Nations Compensation Commission and the Balancing of Rights Between Individual Claimants and the Government of Iraq by : John J. Chung

Download or read book The United Nations Compensation Commission and the Balancing of Rights Between Individual Claimants and the Government of Iraq written by John J. Chung and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Compensation Commission (the Commission) in Geneva resolved over 2.68 million claims filed by governments, corporations, and individuals seeking more than $350 billion in compensation for losses suffered during Iraq's invasion and occupation of Kuwait in 1990-91. This article focuses on one aspect of the Commission's work that has drawn little attention in the body of commentary describing the work of the Commission: the challenges involved in establishing a fair process and framework for resolving more than 2.67 million claims filed by the individual victims of war. The Commission struggled to achieve a fine balance between the protection of the rights of individual claimants and the rights of the Government of Iraq. The difficulty of this task was compounded by the fact that neither the claimants nor the Government of Iraq was in a position to submit a sufficient factual record to support its respective position. This article examines the challenges faced by the individual claimants, the Government of Iraq, and the Commission in addressing these difficulties and describes the framework the Commission ultimately employed. This article concludes that two inter-related procedural features served to safeguard the rights of the claimants and the Government of Iraq: (1) the use of an inquisitorial process instead of an adversarial process to decide claims, and (2) the use of disinterested third-party fact-finding reports to supply the factual record. This article further concludes that any future commission that addresses the losses of individual victims of war or war-like hostilities will need to adopt these same features.

War Reparations and the UN Compensation Commission

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 019938973X
Total Pages : 446 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis War Reparations and the UN Compensation Commission by : Timothy John Feighery

Download or read book War Reparations and the UN Compensation Commission written by Timothy John Feighery and published by Oxford University Press, USA. This book was released on 2015 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Compensation Commission (UNCC) is a claims reparation program created by the United Nations Security Council in May 1991, after the UN-authorized Allied Coalition Forces' military operations terminated the seven-month invasion and occupation of Kuwait by Iraq and liberated Kuwait. The UNCC was established with the objectives to receive and decide claims from individuals, corporations, and governments against Iraq as arising directly from Iraq's invasion and occupation of Kuwait; and to pay compensation for such claims. War Reparations and the UN Compensation Commission: Designing Compensation After Conflict is the first collective work on the UNCC claims program by experts who have contributed to its progress, and who have assisted in paving the way for more informed research on the Commission and its jurisprudence. Given its unprecedented, serious and sustained effort within the international community, the two-decade long operations of the UNCC deserve considerable attention and in-depth analysis especially with respect to its impact on the development and progress of international law in the areas of State responsibility and reparations.

Collective reparations

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Author :
Publisher :
ISBN 13 : 9781780687469
Total Pages : 422 pages
Book Rating : 4.6/5 (874 download)

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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.

Gulf War Reparations and the UN Compensation Commission

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199875766
Total Pages : 393 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Gulf War Reparations and the UN Compensation Commission by : Cymie Payne

Download or read book Gulf War Reparations and the UN Compensation Commission written by Cymie Payne and published by Oxford University Press. This book was released on 2011-04-18 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and its work in the aftermath of the Gulf War. In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity

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Author :
Publisher : BRILL
ISBN 13 : 9004377190
Total Pages : 790 pages
Book Rating : 4.0/5 (43 download)

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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.

Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521898317
Total Pages : 728 pages
Book Rating : 4.8/5 (983 download)

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Book Synopsis Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume by : Hans Van Houtte

Download or read book Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume written by Hans Van Houtte and published by Cambridge University Press. This book was released on 2008-09-04 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international mass claims programmes have recently been established to process individual claims arising from armed conflicts. These entities possess specific institutional and structural features allowing for an effective and efficient resolution of claims. Moreover, violation of international law protecting property during war gives rise to inter-State and individual reparation, mostly partial, for which monetary compensation is more frequent than return of property. These programmes have also developed specific procedures to handle the administration of evidence and new techniques to decide all of the claims within a reasonable period of time. This 2-volume set reviews modern-day mass claims practice. Volume I shows how new mass claims programmes have built upon traditional dispute resolution mechanisms, and also examines the substantive law rules protecting property rights. Volume II focuses on the administration of evidence and the techniques developed to decide mass claims, including the use of statistical sampling.

The Oxford Handbook of Ethics of War

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199944393
Total Pages : 496 pages
Book Rating : 4.1/5 (999 download)

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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.