Research Handbook on International Claims Commissions


Research Handbook on International Claims Commissions

9781839103780 Edward Elgar Publishing
Edited by Chiara Giorgetti, Professor of Law, Richmond Law School, and Senior Fellow, International Claims and Reparations Project, Columbia Law School, Patrick W. Pearsall, Partner, Allen & Overy LLP, and Director, International Claims and Reparations Project, Columbia Law School, US and Hélène Ruiz-Fabri, Professor of Law, Sorbonne Law School (University Paris 1 Panthéon-Sorbonne) and Associate Member, Institut de Droit International
Publication Date: 2023 ISBN: 978 1 83910 378 0 Extent: 364 pp
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.

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International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This timely Research Handbook explores the history of ICCs, how and why states create them, and the role of states and secretariats within them.

Written by accomplished experts and past claims commission members to present a unique perspective on ICCs, this Research Handbook analyses past claims commissions including the Iran–US Claims Tribunal, the UN Compensation Commission, the Eritrea–Ethiopia Claims Commission and the Commission for Real Property Claims in Bosnia. Providing a comprehensive review of institutional design issues, this Handbook examines the challenges associated with mass claims processes, diplomatic protection, domestic liability, and enforcement, as well as how to address them. Looking ahead to the future, the contributing authors propose innovative ways in which claims commissions could be used to address contemporary challenges such as the Russian invasion of Ukraine, the construction of the wall in Occupied Palestinian Territory, climate change and environmental law disputes.

This thought-provoking Research Handbook will be a fundamental research resource for scholars and students of public international law and international dispute resolution. It will also provide practical advice for international arbitration experts, policy makers, and officials in international organisations.
Critical Acclaim
‘International claims commissions rank among the most important and effective, but least well-understood, international dispute resolution mechanisms. They vary widely across history, based on political context, practical necessities, and the compensatory needs of the claimant populations. This comprehensive and useful Research Handbook, authored by knowledgeable authors and edited by a trio of talented expert practitioners, assesses past claims commissions in search of specific institutional features that will aid future policymakers to design the right commission for the next global crisis.’
– Harold Hongju Koh, Yale Law School, US

‘International claims entailing widespread losses (such as from armed conflict) are a poor fit for traditional international tribunals, which struggle to provide cost-effective and expeditious remedies. The Research Handbook on International Claims Commissions explains how mass-claims programs have emerged as an important alternative, carefully probing their salient characteristics and thoughtfully postulating their future.’
– Sean D. Murphy, George Washington University Law School, US

‘As a veteran of international claims commissions, I know that good resources are limited. The editors of this new book have collected the right contributors, and organized the material in the right way, to maximize “Learning from the Past, Looking at the Future.” When the next claims commission comes about, this book will be a godsend.’
– Lucy Reed, Arbitration Chambers, US
Contributors: Yateesh Begoore, Ronald J. Bettauer, Lee M. Caplan, John R. Crook, Scott Falls, Timothy J Feighery, Chiara Giorgetti, Natalie Klein, Aloysius P. Llamzon, Nicole Maylor, Makane Moïse Mbenguz, Frédéric Mégret, Namira Negm, Jan Ortgies, Patrick W. Pearsall, Dirk Pulkowski, Diana A. A. Reisman, Jason R.U. Rotstein, Hélène Ruiz-Fabri, Jeremy K. Sharpe, Bruno Simma, Hans van Houtte, Angeline Welsh, Norbert Wühler

1 International claims commissions: learning from the past, looking at the future
Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1

2 Historical overview of international claims commissions 17
Makane Moïse Mbengue
3 The US–Mexico Mixed Claims Commissions 55
Frédéric Mégret and Nicole Maylor
4 The Iran–US Claims Tribunal 75
Bruno Simma and Jan Ortgies
5 The United Nations Compensation Commission 90
Norbert Wühler
6 The first mass settlement of real property claims: the CRPC for Bosnia 113
Hans van Houtte
7 The Eritrea–Ethiopia Claims Commission 127
Namira Negm

8 Institutional design: how states create claims commissions and why 150
Timothy J. Feighery and Jason Rotstein
9 The multiple roles of States in international claims commissions 176
Jeremy K. Sharpe
10 The role of secretariats 200
Dirk Pulkowski and Scott Falls
11 Mass claims processes: institutional design issues 222
John R. Crook
12 Sovereign authority to establish international claims commissions: issues related to international legal personality, diplomatic protection, and domestic liability 239
Lee M. Caplan and Yateesh Begoorevii
13 Procedural issues: remedies and enforcement—ensuring the effective
enforcement of mass claims 257
Aloysius P. Llamzon and Diana A. A. Reisman

14 The United Nations Register of Damage Caused by the Construction of the Wall in the Occupied Palestinian Territory 277
Ronald J. Bettauer
15 Creating an international compensation mechanism for Ukraine 292
Chiara Giorgetti and Patrick W. Pearsall
16 Claims commissions and the resolution of international environmental law disputes 309
Natalie Klein
17 Claims commissions and investment obligations 330
Angeline Welsh

Index 340

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