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Gulf War Reparations and the UN Compensation Commission: Designing Compensation After Conflict

Edited by: Timothy J. Feighery, Christopher S. Gibson, Trevor M. Rajah

ISBN13: 9780199389735
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £135.00

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The United Nations Compensation Commission (UNCC) is a claims reparation program created by the United Nations Security Council in May 1991, after the UN-authorized Allied Coalition Forces' military operations terminated the seven-month invasion and occupation of Kuwait by Iraq and liberated Kuwait.

The UNCC was established with the objectives to receive and decide claims from individuals, corporations, and governments against Iraq as arising directly from Iraq's invasion and occupation of Kuwait; and to pay compensation for such claims.

Gulf War Reparations and the UN Compensation Commission: Designing Compensation After Conflict is the first collective work on the UNCC claims program by experts who have contributed to its progress, and who have assisted in paving the way for more informed research on the Commission and its jurisprudence.

Given its unprecedented, serious and sustained effort within the international community, the two-decade long operations of the UNCC deserve considerable attention and in-depth analysis especially with respect to its impact on the development and progress of international law in the areas of State responsibility and reparations.

Public International Law
Preface, by Mojtaba Kazazi
Introduction, Prof. David Caron

Part I:
The UNCC Through Different Lenses: Political Context, Operations,
Comparative Analysis, and Lessons Learned
Chapter 1 - Policy Issues Surrounding the Creation and Operations of the UNCC,
Ronald J. Bettauer
Chapter 2 - Dispute System Design: The United Nations Compensation Commission, Francis E. McGovern
Chapter 3 - Applicable Law: Jus ad Bellum, Jus in Bello and the Legacy of the UNCC,
Veijo Heiskanen and Nicolas Leroux
Chapter 4 - Principles of Valuation Taken from the UNCC Perspective,
Arif H. Ali and Marguerite C. Walter
Chapter 5 - The Palestinian "Late Claims" Program: Remedying Mistakes in Mass Claims Processing Without Compounding the Error, Jason Scott Palmer
Chapter 6 - The Role of Iraq in the UNCC Process with Special Emphasis on the Environmental Claims, Michael E. Schneider

Part II
The UNCC Jurisprudence and Work on Urgent Claims,
Claims of Individuals, Corporations, and Governments
Chapter 7 - The Jurisprudential Legacy of the UNCC: Legal Issues Common to All Claims Categories, Tim Feighery
Chapter 8 - Making Good for Forced Exodus: the UNCC Compensation of Departure from Iraq or Kuwait - Claims of Individuals: A Claims, Inigo Salvador-Crespo
Chapter 9 - Corporate/Business Claims: Claims of Kuwaiti Corporations, Michael J. Mucchetti
Chapter 10 - Directness of Claims by Foreign Companies in Remote Locations: Claims of Non-Kuwaiti Corporations, Ucheora Onwuamaegbu and Aissatou Diop
Chapter 11 - Construction and Engineering Claims,
John Tackaberry and Trevor Rajah
Chapter 12 - Government and International Organization Claims: Precedential Claims by Governments for Damage to Diplomatic Property and Related Losses, Robert C. O'Brien
Chapter 13 - The KIA Claim: Costs of Financing Kuwait's Reconstruction,
Caroline Nicholas