International Mass Claims Processes
Legal and Practical Perspectives
Holtzmann, Howard M. (Editor),
Judge, Iran-US Claims Tribunal (1981-1994, substitute Judge 1994-present) and Claims Resolution Tribunals for Dormant Accounts in Switzerland (1998-2002)
Kristjánsdóttir, Edda (Editor),
Managing Editor of International Law in Domestic Courts online service, formerly member of Secretariat, Eritrea-Ethiopia Claims Commission, and Associate Legal Officer, International Organization for Migration German forced labour compensation programme.
Print publication date: 2007
Published to Oxford Scholarship Online: January 2010 Print ISBN-13: 978-0-19-920744-2 doi:10.1093/acprof:oso/9780199207442.001.0001 |
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Abstract:
This book analyzes a significant procedural innovation in international law — the development of mass claims processes. Mass claims processes have become increasingly important phenomena in international dispute resolution. This is the first book to provide comprehensive information for a systematic comparison and analysis of the legal issues and practical matters involved in their establishment and operation. This book considers eleven of the highest profile modern mass claims tribunals and commissions created to redress large-scale losses. These include processes resolving claims arising from the Iranian Revolution, Iraq's invasion of Kuwait, the Holocaust, and conflicts in the Former Yugoslavia and between Eritrea and Ethiopia. The book identifies and focuses on forty-seven basic issues that experience shows typically arise with respect to international mass claims processes, offering descriptions and commentary on the ways in which the various processes have approached each issue. Much of the information gathered in this book is not publicly available elsewhere and is based on the knowledge and experience of the 25 members of the Permanent Court of Arbitration's Steering Committee on mass claims processes, experts who have either served on the processes or otherwise been directly engaged in their activities.
Keywords: international law, mass claims processes, international dispute resolution, large scale losses, Iranian Revolution, Holocaust, Former Yugoslavia, Eritrea, Ethiopia Table of Contents
Introduction
Chapter 1.
Establishing the Claims Process
Chapter 2.
The Legal Nature of the Claims Process
Chapter 3.
Starting the Claims Process
Chapter 4.
Appointing Those who will Make Decisions
Chapter 5.
Procedures for Conducting the Claims Process
Chapter 6.
Administration, Facilities, and Computer Support
Chapter 7.
Funding the Claims Process
Chapter 8.
Transparency
Appendix
Index
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