Download or read book Redressing Injustices Through Mass Claims Processes written by Permanent Court of Arbitration. International Bureau and published by Oxford University Press, USA. This book was released on 2006 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Reparations in Domestic and International Mass Claims Processes written by Jason S. Palmer and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation.

Download or read book Class Mass and Collective Arbitration in National and International Law written by S.I. Strong and published by Oxford University Press. This book was released on 2013-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class, Mass and Collective Arbitration in National and International Law is the first book to discuss various types of large-scale arbitration, where multiple individuals (ranging from several dozen to hundreds of thousands of persons) bring their claims at a single time, in a single arbitral proceeding.

Download or read book The Standing of Victims in the Procedural Design of the International Criminal Court written by Tatiana Bachvarova and published by Martinus Nijhoff Publishers. This book was released on 2017-05-08 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation nor seeks to extend it beyond the contours determined by the founders of the ICC. The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC’s arena, distinct from the parties and other non-party participants. As an integral part of the ICC’s synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court’s procedural mechanism and the mission pursued by the parties and the Chamber. The philosophy underpinning the ICC’s design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.

Download or read book The Reparation System of the International Criminal Court written by Eva Dwertmann and published by BRILL. This book was released on 2010-03-02 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims’ rights, the International Criminal Court stated that “the success of the Court is, to some extent, linked to the success of its reparation system.” This book is among the first to focus on the International Criminal Court’s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.

Download or read book The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons written by Khaled Hassine and published by Martinus Nijhoff Publishers. This book was released on 2015-11-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties. The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.

Download or read book Beyond Fragmentation written by Chiara Giorgetti and published by Cambridge University Press. This book was released on 2022-05-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Download or read book Reparations and War written by Luke Moffett and published by Oxford University Press. This book was released on 2023-01-13 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.

Download or read book Reparations for Victims of Genocide War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2020-02-17 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press. This book was released on 2015-10-22 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

Download or read book The International Criminal Responsibility of War s Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Download or read book Research Handbook on International Claims Commissions written by Chiara Giorgetti and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.

Download or read book War Reparations and the UN Compensation Commission written by Timothy John Feighery and published by Oxford University Press, USA. This book was released on 2015 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book War Reparations and the UN Compensation Commission written by Timothy J. Feighery and published by Oxford University Press. This book was released on 2015-02-12 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Shareholders Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.

Download or read book Class and Group Actions in Arbitration written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2016-09-23 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

Download or read book Housing Land and Property Rights written by Scott Leckie and published by Taylor & Francis. This book was released on 2023-09-15 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author’s suggestions for creating a new World Restitution Agency, expanding our understanding of the term ‘internationally wrongful act’ to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to redistribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policymakers working in the areas of international human rights law, housing, land and property issues, humanitarian issues and climate change.