International claims commissions : righting wrongs after conflict / Lea Brilmayer, Howard Holtzmann Professor, Yale Law School, USA, Chiara Giorgetti, Associate Professor of Law, Richmond Law School, USA, Lorraine Charlton, USA.
2017
KZ4080 .B75 2017 (Map It)
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Author
Title
International claims commissions : righting wrongs after conflict / Lea Brilmayer, Howard Holtzmann Professor, Yale Law School, USA, Chiara Giorgetti, Associate Professor of Law, Richmond Law School, USA, Lorraine Charlton, USA.
Published
Cheltenham, UK : Edward Elgar Publishing Limited, [2017]
Call Number
KZ4080 .B75 2017
ISBN
9781785363818 (cased)
1785363816
9781785363825 (eBook)
1785363816
9781785363825 (eBook)
Description
xii, 257 pages ; 24 cm.
System Control No.
(OCoLC)970655421
Summary
"International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a...review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book 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. International claims commissions are created ad hoc to consider large numbers of complex legal claims resulting from an international upheaval, making them important international dispute resolution mechanisms. By focusing in large part on the examples set by the United Nations Claims Commissions, the Iran US Claims Tribunal, and the Eritrea Ethiopia Claims Commission, the authors assess the reasons to establish a claims commission by discussing their legal and operating structures, issues related to evidence and costs and the challenges and successes of creating them. The book concludes with an...analysis of lessons learnt to guide policy makers in the creation of future claims commissions."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Table of Contents
About the authors
vii
Acknowledgements
ix
List of abbreviations
xi
Introduction: international mass claims commissions: "build-it-yourself" justice?
1
1.
What are international mass claims commissions?
5
What are IMCCs?
5
unique nature of IMCCs
10
Claims commissions in history
13
Conclusion
25
2.
Why a claims commission?
27
Legitimate authority: consent theory and compensatory justice
30
Claims commissions: pros and cons
38
3.
legal and operating structure
68
legal structure
68
operating structure
81
Conclusion
102
4.
Who are the claimants and what are the claims?
104
Kinds of claimants
106
Types, grouping and number of claims
125
Temporal jurisdiction
137
Conclusion
139
5.
financial structure of claims commissions
140
Funding
142
Cost
147
Conclusion
165
6.
Problems of proof and evidence
167
Evidentiary issues in IMCCs
167
Burden of proof and standard of proof
180
7.
Remedies and compliance with claims commissions rulings
187
Remedies
188
Compliance
191
8.
Conclusions
216
Summary of basic points
217
Toward a climate change compensation mechanism: lessons from international claims commissions
226
final word: lessons learned
239
Index
247