Post-War Restoration of Property Rights Under International Law 2 Volume Hardback Set

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.

Spis treści:
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.