Post-war restoration of property rights under international law
著者
書誌事項
Post-war restoration of property rights under international law
Cambridge University Press, 2008
内容説明・目次
内容説明
Several international mass claims programmes have recently been established to process individual claims arising from armed conflicts. These entities possess specific institutional and structural features allowing for an effective and efficient resolution of claims. Moreover, violation of international law protecting property during war gives rise to inter-State and individual reparation, mostly partial, for which monetary compensation is more frequent than return of property. These programmes have also developed specific procedures to handle the administration of evidence and new techniques to decide all of the claims within a reasonable period of time. This 2-volume set reviews modern-day mass claims practice. Volume I shows how new mass claims programmes have built upon traditional dispute resolution mechanisms, and also examines the substantive law rules protecting property rights. Volume II focuses on the administration of evidence and the techniques developed to decide mass claims, including the use of statistical sampling.
目次
- Volume I Historical background: from tributes to indemnities and reparations
- Part I. International Claims Resolution Programmes: 1. Traditional claims resolution mechanisms
- 2. Overview of the international mass claims programmes
- Part II. Institutional and Structural Analysis: 3. Winning the parties' hearts and minds
- 4. Viability of the compensation programme
- 5. Accessibility
- 6. Institutional effectiveness and efficiency
- Part III. Substantive Law: 7. International rules protecting property
- 8. International liability
- 9. Restitution
- 10. Compensation in lieu of restitution. Volume II 1. General Introduction
- Part I. The Conceptual and Analytical Framework: 2. International Mass Claims Programmes: An Overview
- 3. The Conceptual Framework
- 4. A Study in Diversity
- Part II. Evidentiary Techniques in International Mass Claims Adjudication: 5. The Need for Special Rules of Evidence
- 6. The Burden of Proof
- 7. The Standards of Evidence
- 8. Presumptions and Inferences
- Part III. Mass Claims Resolution Techniques: 9. Precedent-Setting and Common Issue Determination
- 10. Computerised Data Matching
- 11. Adjudication by Sampling
- 12. Regression Analysis
- Part IV. General Conclusions: 13. New Prospects for the International Justice System.
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