Holtzmann: International Mass Claims Processes: Legal and Practical Perspectives
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2007
Аннотация:
- Analyzes a significant procedural innovation in international law, the development of mass claims processes — Provides practical guidance on how to set up and run a mass claims process by drawing upon the lessons learned from past practice — The 25 members of the Permanent Court of Arbitration's Steering Committee on Mass Claims Processes bring to bear vast practical experience in the processes covered in this book — These processes include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraqnulls invasion of Kuwait) and Mass Claims Processes relating to the Holocaust, the conflicts in Bosnia and Kosovo, and the war between Eritrea and Ethiopia 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. This book should be useful to all scholars and practitioners interested in international dispute settlement as well as to those involved with new or existing Mass Claims Processes. Moreover, it may lead to recognition that certain aspects of Mass Claims Processes might have lessons for other procedures for resolution of complex commercial or diplomatic disputes.