Decisions of the Arbitration Panel for In Rem Restitution: Volume 5

Author: Josef Aicher; Erich Kussbach; August Reinisch
Publisher: Hart Publishing
ISBN: 9781849463522
Published In: December 2012
Format: Hardback , 550 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The series “Decisions of the Arbitration Panel for In Rem Restitution” documents a fundamental element of Austria's most recent compensation measures dealing with the consequences of the National Socialist era. The possibility of in rem restitution of property seized during the National Socialist era which is now publicly-owned was provided for by the Washington Agreement of 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund for Victims of National Socialism in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly-owned on the Agreement cut off day (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945.

Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the former owners or their legal successors in several cases. In the course of these decisions based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law.

Volume 5 contains fifteen decisions of the Arbitration Panel from 2007 and 2008, each in the German original and with an English translation.

Full University Professor Dr. Aicher is a Professor at the Institute for Corporate and Economic Law at the University of Vienna, Visiting Professor at the Danube-University Krems, corresponding member of the Austrian Academy of Sciences and deputy chairman of the Austrian Takeover Commission.

Dr. Erich Kussbach, LL. M., is Honorary Professor of Humanitarian International Law at the University of Linz, a former member of the International Humanitarian Fact Finding Commission, ambassador of the Sovereign Order of the Knights of St. John in Hungary, and a retired Austrian ambassador.

University Professor MMag. Dr. August Reinisch, LL. M., is head of the section for International Law and International Relations at the Department for European, International and Comparative Law at the University of Vienna and professorial lecturer at the Bologna Center/SAIS of Johns Hopkins University.