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Author: John J. Chung
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: John J. Chung
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Marco Frigessi De Rattalma
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111999
Category : Political Science
Languages : en
Pages : 294
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Book Description
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.
Author: United Nations Compensation Commission
Publisher: United Nations, Security Council
ISBN:
Category : Business & Economics
Languages : en
Pages : 238
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Book Description
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.
Author: Timothy John Feighery
Publisher: Oxford University Press, USA
ISBN: 019938973X
Category : History
Languages : en
Pages : 446
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Book Description
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.
Author: Lillich
Publisher: Martinus Nijhoff Publishers
ISBN: 9004636684
Category : Business & Economics
Languages : en
Pages : 498
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Book Description
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.
Author: Cymie Payne
Publisher: Oxford University Press
ISBN: 0199875766
Category : Law
Languages : en
Pages : 393
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Book Description
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.
Author: Timothy J. Feighery
Publisher: Oxford University Press
ISBN: 0190266686
Category : Law
Languages : en
Pages : 448
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Book Description
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.
Author: ʻIrāq
Publisher:
ISBN:
Category :
Languages : en
Pages : 75
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Book Description
Author: Avia Pasternak
Publisher: Oxford University Press
ISBN: 0197541038
Category : Philosophy
Languages : en
Pages : 265
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Book Description
"International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices: States are corporate agents, comprised of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state's policies, did not know about them, or entirely lacked channels of political influence. How can this "distributive effect" of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens' participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state's wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in (some) non-democratic states most citizens are not participating in their state in the full sense, and should not pay for their state's wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels"--
Author: Armin Bogdandy
Publisher: Springer Science & Business Media
ISBN: 3642045316
Category : Law
Languages : en
Pages : 990
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Book Description
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.
