基本説明
Including recent institutions such as the September 11th Victim Compensation Fund and the International Criminal Court.
Full Description
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.
Contents
Foreword ; Introduction ; The Concept of Mass Claims and the Specificity of Mass Claims Resolution ; Innovations to Speed Mass Claims: New Standards of Proof ; Virtue Out of Necessity: International Mass Claims and New Uses of Information Technology ; Mass Claims Processes: Lessons Learned Over Twenty-Five Years ; Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission ; The Austrian General Settlement Fund: An Overview ; Processing Claims for 'Other Personal Injury' under the German Forced Labour Compensation Programme ; The French Commission for the Compensation of Victims of Spoliation: A Critique ; The United States Indian Claims Commission: A Remedy for 'Ancient Wrongs', A Source for New Wrongs ; Litigating Mass Claims Involving Slavery and Jim Crow under United States Law ; Compensating the Families and Victims of September 11th: An Alternative to the American Tort System ; The Role of Civil Society Actors in Reparations Legislation ; Compensation for Victims of Terrorism: The Council of Europe's 2005 Guidelines on the Protection of Victims of Terrorist Acts ; Codifying the Rights of Victims in International Law: Remedies and Reparation ; The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court
