Dispute System Design: The United Nations Compensation Commission

McGovern, Francis E.

doi:10.2139/ssrn.1495855

Cited by 5 publications

(4 citation statements)

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“…According to McGovern, due to these departures from the "traditional" approach, it is possible to say that the UNCC 'is sui generis and its holdings are lex specialis'. 130 This is evident if compared to other claims mechanisms and tribunals of a similar nature which strictly required the state of nationality to bring claims on behalf of its nationals.…”

Section: Statelessness At the Uncc: Challenges And Opportunitiesmentioning

confidence: 99%

“…The UNCC was based on three existing models, namely '(1) the Iran-U.S. Claims Tribunals, (2) a variety of government-sponsored compensation programs, and (3) a broad range of claims resolution facilities from other contexts'. 101 These mechanisms followed the "traditional" diplomatic protection approach, which requires the State of nationality to file claims on behalf of its nationals. The acts for which compensations were due included ' arbitrary killings, torture, enforced disappearance, and the seizure and destruction of property' 102 among others.…”

Section: Diplomatic Protection and Its Interaction With Human Rightsmentioning

confidence: 99%

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Access to Redress for Stateless Persons Under International Law: Challenges and Opportunities

Recalde-Vela

2019

Tilburg Law Review

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Every wrongful act gives rise to an obligation to redress the offense. In the international legal context, following the 'traditional' claims approach for wrongful acts, it is the state of nationality that has the duty to request redress for the violations incurred by its nationals through diplomatic protection. However, this 'traditional approach' excluded stateless persons, who are not considered nationals by any state. This article explores the manners in which stateless persons have been able to access mechanisms of redress for violations of their rights under international law, by exploring the challenges and opportunities their situation of statelessness creates for them in terms of accessing justice at the international level. For this purpose, three different existing international mechanisms with the powers to issue measures for redress have been selected. Through exploring access to redress for stateless persons at the international level, this article also provides an overview and analysis of the selected mechanisms, exploring their law and practice.

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Section: Statelessness At the Uncc: Challenges And Opportunitiesmentioning

confidence: 99%

Section: Diplomatic Protection and Its Interaction With Human Rightsmentioning

confidence: 99%

Access to Redress for Stateless Persons Under International Law: Challenges and Opportunities

Recalde-Vela

2019

Tilburg Law Review

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“…Panels consisting of three experts, acting in a personal capacity, appraised the merits of claims submitted by states and elaborated recommendations concerning the eligibility of claims and the specific amount of justified compensation (UNCC , paragraph 33). The Governing Council subsequently made the final decisions upon these recommendations (Wühler , p. 252; McGovern , p. 183). It was composed of the 15 Council members represented by their UN ambassadors in Geneva (Crook , p. 145; Caron & Morris , p. 186), where the UNCC was located.…”

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

“…Under these constraints, the Governing Council adopted a number of general rules specifying the eligibility for compensation (Crook ; Di Frigessi Rattalma & Treves ) such as “ceilings of compensation for mental pain and anguish” (UNCC ) or “business losses” (UNCC ). It also adopted procedural rules, such as defining different claims categories that were processed separately (McGovern , pp. 177–178).…”

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

Credible commitment without independent regulatory agent: Evidence from the Security Council's United Nations Compensation Commission

Becker

Dörfler

Gehring

2018

Regulation & Governance

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Credible commitment problems arise whenever decisions made according to short-term incentives undermine long-term policy goals. While political actors can credibly commit themselves to their long-term policy goals by delegating decisions to independent regulatory agencies, the member states of international institutions rarely sacrifice control over regulatory decisions. Against the backdrop of the United Nations Compensation Commission established by the Security Council to settle claims on damage from the Iraqi occupation of Kuwait, we present an institutional arrangement that promises to credibly commit member states to their previously defined interests without excluding them from the decision process. It separates the stages of rulemaking and rule application, and is reinforced by conditional agenda-setting of an advisory body. We probe the theoretical claim with evidence from a unique data set that shows that the Commission settled compensation claims in a remarkably consistent way. The arrangement provides a blueprint for comparable regulatory tasks in many areas of international, European, or domestic politics, in which independent regulation is not feasible.

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Issues between Company and Community: Towards Terms of Reference for CSR-Conflict Management Systems

Onuoha¹,

Barendrecht

2012

SSRN Journal

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Dispute System Design: The United Nations Compensation Commission

Cited by 5 publications

References 1 publication

Access to Redress for Stateless Persons Under International Law: Challenges and Opportunities

Access to Redress for Stateless Persons Under International Law: Challenges and Opportunities

Credible commitment without independent regulatory agent: Evidence from the Security Council's United Nations Compensation Commission

Issues between Company and Community: Towards Terms of Reference for CSR-Conflict Management Systems

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