Description
Book SynopsisInternational 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.
Trade Review‘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 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
Table of ContentsContents: Preface 1 International claims commissions: learning from the past, looking at the future Chiara Giorgetti, Patrick W. Pearsall and Hélène Ruiz-Fabri 1 PART I CLAIMS COMMISSIONS IN CONTEXT 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 PART II CLAIMS COMMISSIONS AS DISPUTE RESOLUTION TOOLS 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 PART III CLAIMS COMMISSIONS FOR THE NEXT CENTURY 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
