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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: Timothy J. Feighery
Publisher: Oxford University Press
ISBN: 0199389748
Category : Law
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: Cymie R. Payne
Publisher: Oxford University Press, USA
ISBN: 0199732205
Category : History
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: 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: 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 R. Payne
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
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.
Author: Richard B. Lillich
Publisher: Brill - Nijhoff
ISBN: 9780941320733
Category : History
Languages : en
Pages : 486
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Book Description
The United Compensation Commission (UNCC), established by the UN Council in 1991, is a unique international institution charged with the processing, determination, and payment of claims against Iraq arising from the Gulf War. The Commission is the product of a treaty created and imposed upon Iraq and the rest of the international community by the Security Council acting under Chapter VII of the UN Charter. Its mandate is to decide the amount and validity of claims arising on or after August 2, 1990, based upon any direct loss, damage - including environmental damage and the depletion of natural resources - or injury to foreign governments, nationals, and corporations for which Iraq, as a result of its unlawful invasion and occupation of Kuwait, is liable under international law. In the three years since its inception, the UNCC has organized its operations in Geneva; issued 20 general decisions of a substantive and procedural nature touching upon almost all areas of international claims law; begun the processing of the largest number of claims ever filed with any claims tribunal; and handed down its first batch of awards involving claims for serious personal injury or death. Not only will the UNCC be providing relief to the numerous victims of Iraq's aggression, but its operations will provide useful guidance for the handling of massive international claims programs in the future.
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: Laura Thompson
Publisher:
ISBN:
Category :
Languages : en
Pages : 76
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Book Description
Author: Arthur W. Rovine
Publisher:
ISBN: 9789041109958
Category :
Languages : en
Pages : 800
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Book Description
This quarterly looseleaf service provides up-to-date information and analysis of the claims procedure established in the aftermath of Iraq's invasion of Kuwait in August 1990. Each issue covers procedural and substantive decisions of the Governing Council of the UN Compensation Commission, analyzes implementing legislation and regulations of individual countries, and provides all relevant documents and forms. Since 1991 the Gulf War Claims Reporter has been the only publication devoted solely to the claims process resulting from Iraq's invasion of Kuwait. the International Law Institute is pleased to announce a collaboration with Baker & McKenzie to broaden coverage of the claims process. with funds now available for awards, the decisions of the UN Compensation Commission take on a new timeliness. The Reporter is an invaluable source of information for claimants and their attorneys and an indispensable archive for libraries. Its format is designed for rapid access.