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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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The Jurisprudential Legacy of the Uncc

The Jurisprudential Legacy of the Uncc

Legal Issues Common to All Claims Categories

Chapter:
(p.186) (p.187) Chapter 7 The Jurisprudential Legacy of the Uncc
Source:
War Reparations and the UN Compensation Commission
Author(s):

Timothy J. Feighery

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199389735.003.0007

This chapter presents and discusses that consistent body of law that developed within the United Nations Compensation Commission (UNCC) on the more global issues of jurisdiction, burden of proof, sufficiency of evidence, and standard of evidence, particularly as this jurisprudence is perhaps likely to have the greatest impact on the continuing development of international claims law. It discusses the scope of the Commission’s jurisdiction, including the “directness” and “arising prior to” requirements of Security Council resolution 687 (1990), as well as the law applied by the Commission to the claims before it. It also discusses the evidentiary standards applied, including burden of proof, standard of proof, and sufficiency of evidence, and how the different panels of Commissioners, dealing with widely different claims categories in terms of type as well as volume of claims, addressed these issues in a consistent fashion.

Keywords:   jurisdiction, arising prior to, directness, burden of proof, sufficiency of evidence, standard of proof

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