Gulf War Reparations and the UN Compensation Commission

Environmental Liability
1. Auflage 2011
ISBN: 978-0-19-973220-3
Verlag: Oxford University Press

Buch, Englisch, 400 Seiten, Format (B × H): 183 mm x 260 mm, Gewicht: 934 g

The only comprehensive and authoritative examination of the UN Claims Commission's post-Gulf War work
Includes numerous aids to intensive research, including maps, tables, and a detailed index
As a case study in post-conflict property compensation, this text holds valuable lessons for current and future arbitral bodies engaged in similar work

In Gulf War Reparations and the UN Compensation Commission: Environmental Liability, experts who held leadership positions and worked directly with the UNCC draw on their experience with the institution and provide a comprehensive view of the United Nations Compensation Comission and ist work in the aftermath of the Gulf War.

In this volume, the first of two on the UNCC's work, the authors explain that the United Nations Security Council established the ad hoc compensation commission to address reparations as a component of the ceasefire following Iraq's 1990-91 invasion and occupation of Kuwait. The authors also describe how the work of the United Nations Compensation Commission addressed important questions of state responsibility, environmental liability, mass claims processing, international law, and dispute settlement institutions in the post-armed conflict context. Readers will also learn that the scope and the scale of the UNCC was extraordinary, since almost 2.7 million claims from 80-plus countries were submitted to the Commission (which awarded in excess of $55 billion and has paid out more than half of that total), and that this led to the development of innovative procedural, institutional and managerial approaches in handling mass, environmental, and corporate claims at a scale that is unparalleled. Additionally, the books note that the Commission also contributed to the evolution of international jurisprudence in these areas.

Zielgruppe

Specifically, these books will be of particular interest to the public international law community of practitioners, to policymakers and academics, to the arbitration community, to the mass claims/litigation community (domestic as well as international), and to representatives of governmental and non-governmental organizations. The audience for the environmental text will include environmental law practitioners and academics, institutional scholars and administrators, international litigators and the expert consultants they work with, those involved in post-conflict reconstruction, lawyers and policymakers responsible for responding to disasters and catastrophic events, and staff of nongovernmental organizations and international organizations working on all of these issues, in addition to the above.

Autoren/Hrsg.

Gibson, Christopher

Payne, Cymie

Feighery, Timothy

Sand, Peter

Caron, David

Klee, Julia

McGovern, Francis

Payne, Cymie R.

Sand, Peter H.

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Vereinte Nationen, UN Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Internationale Zusammenarbeit (Recht, Kultur, Umwelt etc.)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Kriegsrecht, Territorialrecht, Humanitäres Recht

Inhaltsverzeichnis

ACKNOWLEDGMENTS
CONTRIBUTORS BIOS
MAP
FOREWORD (T.A. Mensah)
Chapter 1 The UNCC Program: Environmental Claims in Context (C.R. Payne)
Part I. Claims Preparation and Review
Chapter 2 The Process (J.E. Klee)
Chapter 3 Assessment and Valuation of Damage to the Environment (M.T. Huguenin, M.C. Donlan, A. van Geel, R.W. Paterson)
Chapter 4 Scientific and Technical Advice: The Perspective of Iraq's Experts (L. Wilde)
Chapter 5 Tracking and Follow-Up Programmes for Environmental Awards (C.R.Payne)
Part II. Jurisprudence and Policy Issues
Chapter 6 Points of Law (J.R. Allen)
Chapter 7 Environmental Principles Applied (P.H. Sand)
Chapter 8 Public Health Claims (P.H. Sand, J.K. Hammitt)
Part III. Looking to the Future
Chapter 9 Institutionalizing Peacebuilding: The UNCC, Conflict Resources, and the Future of Natural Resources in Transitional Justice (C. Bruch, A. Fishman)
Chapter 10 The UNCC as a Model for Climate Change Compensation (D.A. Farber)
Chapter 11 Liability for Environmental Damages: Toward Principles of Sustainable Governance (R. Costanza)
Chapter 12 The Profound Significance of the UNCC for the Environment (D.D. Caron)
APPENDICES
Guidance for Researchers (C.R. Payne)
Bibliography (articles and books)
Basic documents
- Security Council resolution 687
- Governing Council decision 7, Criteria for Additional Categories of Claims
- Governing Council decision 10, Procedural Rules
- Governing Council decision 124, Arrangement to Provide Technical Assistance to Iraq in Respect of Environmental Claims
- Governing Council decision 258, Follow-up Programme for Environmental Claims Awards
- UNCC solicitation for consulting services, 1999
INDEX

Über Autor(innen)

Christopher Gibson, Professor, Suffolk University Law School, Cymie Payne, Professor, University of California, Berkeley, School of Law, Timothy Feighery, Office of the Legal Adviser, U.S. Department of State, Peter Sand, Professor, University of Munich, David Caron, Professor, University of California, Berkeley, School of Law, Julia Klee, and Francis McGovern, Professor, Duke University Law School

The series editors of this project are listed below. The editors for the first volume are Christopher Gibson and Timothy Feighery; for the second volume they are Cymie Payne and Peter Sand. David Caron is a Professor at the University of California, Berkeley, School of Law and was formerly a UNCC Commissioner for corporate claims. Timothy Feighery works in the Office of the Legal