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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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International Mass Claims Processes: Legal and Practical Perspectives

Edited by: Howard M. Holtzmann, Edda Kristjansdottir

ISBN13: 9780199207442
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £147.50

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Processes covered in this book include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraqnulls invasion of Kuwait) and Mass Claims Processes relating to the Holocaust, the conflicts in Bosnia and Kosovo, and the war between Eritrea and Ethiopia

Mass Claims Processes have become increasingly important phenomena in international dispute resolution. This is the first book to provide comprehensive information for a systematic comparison and analysis of the legal issues and practical matters involved in their establishment and operation. This book considers eleven of the highest profile modern Mass Claims tribunals and commissions created to redress large-scale losses. They include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraq's invasion of Kuwait), several bodies to resolve claims relating to bank accounts, insurance or slave labor resulting from the Holocaust, as well as to the conflicts in Bosnia and Herzegovina and in Kosovo, and to the war between Eritrea and Ethiopia. The Processes described in this book received claims involving an estimated aggregate of more than 4 million persons and entities seeking over US $4 billion.

The book identifies and focuses on forty-seven basic topics that experience shows typically arise with respect to international Mass Claims Processes, offering descriptions and commentary on the ways in which the various Processes have approached each topic.

Much of the information gathered in this book is not publicly available elsewhere and is based on the knowledge and experience of experts who have either served on the Processes or otherwise been directly engaged in their activities.

This book should be useful to all scholars and practitioners interested in international dispute settlement as well as to those involved with new or existing Mass Claims Processes. Moreover, it may lead to recognition that certain aspects of Mass Claims Processes might have lessons for other procedures for resolution of complex commercial or diplomatic disputes.

  • Analyzes a significant procedural innovation in international law, the development of mass claims processes
  • Provides practical guidance on how to set up and run a mass claims process by drawing upon the lessons learned from past practice
  • The 25 members of the steering committee bring to bear vast practical experience

List of Mass Claims Processes
List of Abbreviations
1. Establishing the Claims Process
2. The Legal Nature of the Claims Process
3. Starting the Claims Process
4. Appointing Those Who Will Decide the Claims
5. Procedures for Conducting the Claims Process
6. Adminitration, Facilities, and Computer Support
7. Funding the Claims Process
8. Transparency
Annex A: Experience in Mass Claims Processes of members of the Mass Claims Steering Committee of the Permanent Court of Arbitration
Annex B: List of Basic Documents
Annex C: Text of the Checklist
Annex D: Bibliography
Index ;