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War Reparations and the UN Compensation CommissionDesigning Compensation After Conflict$
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Timothy J. Feighery, Christopher S. Gibson, and Trevor M. Rajah

Print publication date: 2015

Print ISBN-13: 9780199389735

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199389735.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 September 2019

Directness of Claims by Foreign Companies in Remote Locations

Directness of Claims by Foreign Companies in Remote Locations

Claims of Non-Kuwaiti Corporations

Chapter:
(p.259) Chapter 10 Directness of Claims by Foreign Companies in Remote Locations
Source:
War Reparations and the UN Compensation Commission
Author(s):

Ucheora Onwuamaegbu

Aïssatou Diop

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199389735.003.0010

The authors examine in detail the “direct loss” requirement of Security Council resolution 687, noting that in declaring that Iraq would be responsible for all direct losses resulting from its invasion of Kuwait, the Security Council could not have foreseen all the kinds of claims that would be submitted to the United Nations Compensation Commission (UNCC) as a consequence of its potentially expansive jurisdictional delineation. The chapter highlights the main causation issues asserted before and resolved by the E2 Commissioner panels of the UNCC, which were charged with the most geographically- and subject-matter-diverse group of corporate claims submitted to the UNCC.

Keywords:   direct loss, causation, proximate cause, lost profits, remoteness, embargo-related losses, mitigation, multiple recovery

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