International Claims Commissions

International Claims Commissions
Author :
Publisher : Edward Elgar Publishing
Total Pages : 302
Release :
ISBN-10 : 9781785363825
ISBN-13 : 1785363824
Rating : 4/5 (25 Downloads)

Synopsis International Claims Commissions by : Lea Brilmayer

International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.

Resolving Conflicts in the Law

Resolving Conflicts in the Law
Author :
Publisher : Brill Nijhoff
Total Pages : 0
Release :
ISBN-10 : 9004316523
ISBN-13 : 9789004316522
Rating : 4/5 (23 Downloads)

Synopsis Resolving Conflicts in the Law by : Chiara Giorgetti

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.

Admissibility of Shareholder Claims Under Investment Treaties

Admissibility of Shareholder Claims Under Investment Treaties
Author :
Publisher :
Total Pages : 335
Release :
ISBN-10 : 1108714730
ISBN-13 : 9781108714730
Rating : 4/5 (30 Downloads)

Synopsis Admissibility of Shareholder Claims Under Investment Treaties by : Gabriel Bottini

This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.

Litigating War

Litigating War
Author :
Publisher : Oxford University Press
Total Pages : 1061
Release :
ISBN-10 : 9780199987580
ISBN-13 : 0199987580
Rating : 4/5 (80 Downloads)

Synopsis Litigating War by : Sean D. Murphy

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

Experiments in International Adjudication

Experiments in International Adjudication
Author :
Publisher : Cambridge University Press
Total Pages : 341
Release :
ISBN-10 : 9781108474948
ISBN-13 : 1108474942
Rating : 4/5 (48 Downloads)

Synopsis Experiments in International Adjudication by : Ignacio de la Rasilla

Examines many seminal experiments in international adjudication and the origins of several major existing international courts.

International Mass Claims Processes

International Mass Claims Processes
Author :
Publisher : OUP Oxford
Total Pages : 0
Release :
ISBN-10 : 0199207445
ISBN-13 : 9780199207442
Rating : 4/5 (45 Downloads)

Synopsis International Mass Claims Processes by : Howard M. Holtzmann

Established in order to consider legal claims resulting from the significant historic events, Mass Claims Processes have become increasingly important phenomena in international dispute resolution. Processes covered in this book include the Iran-US Claims Tribunal, the UN Compensation Commission (relating to Iraq's invasion of Kuwait) and Mass Claims Processes relating to the Holocaust, the conflicts in Bosnia and Kosovo, and the war between Eritrea and Ethiopia. The book is structured around forty-seven basic topics that typically arise when creating an international Mass Claims Process, offering commentary on the ways in which the various Processes have dealt with each topic.

Wild Justice

Wild Justice
Author :
Publisher : Random House (NY)
Total Pages : 356
Release :
ISBN-10 : UOM:39015041089775
ISBN-13 :
Rating : 4/5 (75 Downloads)

Synopsis Wild Justice by : Michael Lieder

The untold story of how the Chiricahua Apache tribe won a $22 million settlement against the U.S. government that had imprisoned tribal members for 23 years. In 1947 President Truman established the Indian Claims Commission. WILD JUSTICE is a history of that extraordinary tribunal and the efforts of Native American tribes to obtain restitution from it.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author :
Publisher : American Bar Association
Total Pages : 216
Release :
ISBN-10 : 1590318730
ISBN-13 : 9781590318737
Rating : 4/5 (30 Downloads)

Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Property Restitution and Compensation

Property Restitution and Compensation
Author :
Publisher : Hammersmith Press
Total Pages : 308
Release :
ISBN-10 : 9789290684503
ISBN-13 : 929068450X
Rating : 4/5 (03 Downloads)

Synopsis Property Restitution and Compensation by : International Organization for Migration