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Vol 21 No 10 Oct/Nov 2016

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Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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

Edited by: The International Bureau of the Permanent Court of Arbitration

ISBN13: 9780199297931
ISBN: 0199297932
Published: March 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



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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.

  • 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

Subjects:
Public International Law, Arbitration and Dispute Resolution
Contents:
Howard M. Holtzmann: ;Foreword
Tjaco T. van den Hout: ;Introduction
Hans Das: ;he 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