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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.
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.
An assessment of the Tribunal's jurisprudence and its contribution to international arbitration. The Tribunal was set up as part of the resolution of the hostage crisis to settle property claims between the two states and their nationals arising from the Iranian revolution. The normal mechanisms for such situations were politically unacceptable to both parties, so an international tribunal was established controlled by independent arbitrators. The analysis focuses on two themes: how the tribunal has applied international law to the issues before it; and the extent to which it is recognized as an international arbitral body and its awards are enforced by municipal courts. Distributed in the US by St. Martin's Press. Annotation copyright by Book News, Inc., Portland, OR
Considers (75) S. 3104.