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Author: David D. Caron
Publisher: BRILL
ISBN: 9004479937
Category : Law
Languages : en
Pages : 523
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Book Description
Examining the Tribunal’s structure, operations and evolution in search of the underlying patterns that characterize such international institutions, this valuable book records the diverse experiences and judgments of a group of outstanding lawyers, each of whom has played a significant role at some stage of the Tribunal’s proceedings. The essays are grouped in three distinct stages in the Tribunal’s history. The first group deals with the creation of the Tribunal, building upon the bare-boned framework laid down by the Claims Settlement Declaration. The second deals with the Tribunal at work, processing and deciding cases during the period when it gave greatest emphasis to resolving large commercial claims. The third deals with the present situation where the Tribunal has taken a docket first dominated by claims of U.S.-Iranian dual nationals against Iran and then by a small group of large and difficult claims between the two governments. Published under the auspices of the American Society of International Law. Published under the Transnational Publishers imprint.
Author: Charles Nelson Brower
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041106278
Category : Law
Languages : en
Pages : 958
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Book Description
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Author: David D. Caron
Publisher: BRILL
ISBN: 9004479937
Category : Law
Languages : en
Pages : 523
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Book Description
Examining the Tribunal’s structure, operations and evolution in search of the underlying patterns that characterize such international institutions, this valuable book records the diverse experiences and judgments of a group of outstanding lawyers, each of whom has played a significant role at some stage of the Tribunal’s proceedings. The essays are grouped in three distinct stages in the Tribunal’s history. The first group deals with the creation of the Tribunal, building upon the bare-boned framework laid down by the Claims Settlement Declaration. The second deals with the Tribunal at work, processing and deciding cases during the period when it gave greatest emphasis to resolving large commercial claims. The third deals with the present situation where the Tribunal has taken a docket first dominated by claims of U.S.-Iranian dual nationals against Iran and then by a small group of large and difficult claims between the two governments. Published under the auspices of the American Society of International Law. Published under the Transnational Publishers imprint.
Author: Lea Brilmayer
Publisher: Edward Elgar Publishing
ISBN: 1785363824
Category : Law
Languages : en
Pages : 302
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Book Description
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.
Author: Howard M. Holtzmann
Publisher: OUP Oxford
ISBN: 9780199207442
Category : Law
Languages : en
Pages : 0
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Book Description
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: American Society of International Law. Panel on State Responsibility
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
Examining the Tribunal's structure, operations and evolution in search of the underlying patterns that characterize such international institutions, this valuable book records the diverse experiences and judgments of a group of outstanding lawyers, each of whom has played a significant role at some stage of the Tribunal's proceedings. The essays are grouped in three distinct stages in the Tribunal's history. The first group deals with the creation of the Tribunal, building upon the bare-boned framework laid down by the Claims Settlement Declaration. The second deals with the Tribunal at work, processing and deciding cases during the period when it gave greatest emphasis to resolving large commercial claims. The third deals with the present situation where the Tribunal has taken a docket first dominated by claims of U.S.-Iranian dual nationals against Iran and then by a small group of large and difficult claims between the two governments. Published under the auspices of the American Society of International Law. Published under the Transnational Publishers imprint.
Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 0521855675
Category : Business & Economics
Languages : en
Pages : 685
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Book Description
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Author: John G. Collier
Publisher: Oxford University Press, USA
ISBN: 9780198299271
Category : Law
Languages : en
Pages : 428
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Book Description
For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.
Author: Permanent Court of Arbitration. International Bureau
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 556
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Book Description
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.
Author: Sergey Ripinsky
Publisher: BIICL
ISBN: 9781905221240
Category : Law
Languages : en
Pages : 616
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Book Description
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Author: R. Doak Bishop
Publisher:
ISBN: 9781900297097
Category : Petroleum law and legislation
Languages : en
Pages : 128
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Book Description
