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Author | : Permanent Court of Arbitration. International Bureau |
Publisher | : Oxford University Press, USA |
Total Pages | : 556 |
Release | : 2006 |
Genre | : Law |
ISBN | : |
Download Redressing Injustices Through Mass Claims Processes Book in PDF, ePub and Kindle
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.
Author | : Howard M. Holtzmann |
Publisher | : |
Total Pages | : 462 |
Release | : 2015 |
Genre | : Claims |
ISBN | : 9780191818950 |
Download International Mass Claims Processes Book in PDF, ePub and Kindle
Mass claims processes have become an increasingly important phenomena in international dispute resolution. This work analyzes this significant procedural innovation in international law.
Author | : Jason S. Palmer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 201 |
Release | : 2023-09-06 |
Genre | : Law |
ISBN | : 1785369199 |
Download Reparations in Domestic and International Mass Claims Processes Book in PDF, ePub and Kindle
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.
Author | : S.I. Strong |
Publisher | : Oxford University Press |
Total Pages | : 429 |
Release | : 2013-10 |
Genre | : Law |
ISBN | : 0199772525 |
Download Class, Mass, and Collective Arbitration in National and International Law Book in PDF, ePub and Kindle
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.
Author | : Khaled Hassine |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 424 |
Release | : 2015-11-30 |
Genre | : Law |
ISBN | : 9004308865 |
Download The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons Book in PDF, ePub and Kindle
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.
Author | : Chiara Giorgetti |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2022-05-12 |
Genre | : Law |
ISBN | : 1009121332 |
Download Beyond Fragmentation Book in PDF, ePub and Kindle
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.
Author | : Luke Moffett |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2023-01-13 |
Genre | : Political Science |
ISBN | : 0192865587 |
Download Reparations and War Book in PDF, ePub and Kindle
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.
Author | : Dinah Shelton |
Publisher | : Oxford University Press |
Total Pages | : 653 |
Release | : 2015-10-22 |
Genre | : Law |
ISBN | : 0191068764 |
Download Remedies in International Human Rights Law Book in PDF, ePub and Kindle
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.
Author | : Nina H. B. Jørgensen |
Publisher | : Cambridge University Press |
Total Pages | : 571 |
Release | : 2020-09-17 |
Genre | : Law |
ISBN | : 1108651208 |
Download The International Criminal Responsibility of War's Funders and Profiteers Book in PDF, ePub and Kindle
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.
Author | : Carla Ferstman |
Publisher | : BRILL |
Total Pages | : 790 |
Release | : 2020-02-17 |
Genre | : Law |
ISBN | : 9004377190 |
Download Reparations for Victims of Genocide, War Crimes and Crimes against Humanity Book in PDF, ePub and Kindle
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.