Redressing Injustices Through Mass Claims Processes Innovative Responses to Unique Challenges

Author: The International Bureau of the Permanent Court of Arbitration
Publisher: Oxford University Press
ISBN: 9780199297931
Published In: March 2006
Format: Hardback , 544 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The PCA is a long-standing legal institution and a respected editor of a 7 volume series on issues of international law
Important, topical subject matter including recent innovative institutions such as the September 11th Victim Compensation Fund and the International Criminal Court
Brings together for the first time a broad scope of subject matter covering diverse mass claims processes
Renowned authors with diversity of relevant experience
Includes a reprint of Volume 1 of the Final Report of the Special Master for the September 11th Victim Compensation Fund

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.

Readership: Academics, students and practitioners of public international law; government legal advisers and policy makers involved in mass claims processes; and non-governmental organizations and human rights interest groups.

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

Edited by The International Bureau of the Permanent Court of Arbitration

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.

Contributors:

Tjaco T. van den Hout

Howard M. Holtzmann

Hans Das

Jacomijn van Haersolte-van Hof

Veijo Heiskanen

Rajesh Singh

Hannah Lessing, Richard Rebernik, Nicola Spitzy

Edda Kristjansdottir, Barbora Simerova

Eric Freedman

Thomas E. Luebben

Roy L. Brooks