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Home > Law > International law > International disputes and civil procedure > Arbitration > Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges
Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges

Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges


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About the Book

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.

Table of Contents:
Howard M. Holtzmann: Foreword Tjaco T. van den Hout: Introduction Hans Das: The Concept of Mass Claims and the Specificity of Mass Claims Resolution Jacomijn van Haersolte-van Hof: Innovations to Speed Mass Claims: New Standards of Proof Veijo Heiskanen: Virtue Out of Necessity: International Mass Claims and New Uses of Information Technology John R. Crook: Mass Claims Processes: Lessons Learned Over Twenty-Five Years Rajesh Singh: Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission Hannah Lessing, RichardRebernik, and Nicola Spitzy: The Austrian General Settlement Fund: An Overview Edda Kristjansdottir and Barbora Simerova: Processing Claims for 'Other Personal Injury' under the German Forced Labour Compensation Programme Eric Freedman: The French Commission for the Compensation of Victims of Spoliation: A Critique Thomas E. Luebben: The United States Indian Claims Commission: A Remedy for 'Ancient Wrongs', A Source for New Wrongs Roy L. Brooks: Litigating Mass Claims Involving Slavery and Jim Crow under United States Law Kenneth R. Feinberg: Compensating the Families and Victims of September 11th: An Alternative to the American Tort System Andrea Armstrong: The Role of Civil Society Actors in Reparations Legislation Emmanuel Roucounas: Compensation for Victims of Terrorism: The Council of Europe's 2005 Guidelines on the Protection of Victims of Terrorist Acts Gabriela Echeverria: Codifying the Rights of Victims in International Law: Remedies and Reparation Gilbert Bittand Gabriela González Rivas: The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court

About the Author :
The International Bureau of the Permanent Court of Arbitration is housed in the Peace Palace in The Hague, alongside the International Court of Justice, and administers arbitration, conciliation and fact-finding services in disputes involving issues of public and private international law between states, private parties, and intergovernmental organizations.

Review :
"Redressing Injustices Through Mass Claims Processes, the second of the three PCA-sponsored books in this area, presents a comprehensive collection of studies by a group of mass claims specialists who explain a number of the necessarily diverse and innovative mass claims processes, as well as their theoretical underpinnings, that have been developed in response to 'the unique challenges' of large-scale tragedies." -Christopher Gibson, Suffolk University Law School


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Product Details
  • ISBN-13: 9780199297931
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 242 mm
  • No of Pages: 530
  • Spine Width: 36 mm
  • Weight: 997 gr
  • ISBN-10: 0199297932
  • Publisher Date: 23 Feb 2006
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Sub Title: Innovative Responses to Unique Challenges
  • Width: 162 mm


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