The UN Compensation Commission: Practical Justice, not Retribution

Caron, David D.

doi:10.1093/ejil/13.1.183

Cited by 9 publications

(39 citation statements)

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“…They rejected the United States’ (US) proposal to delegate claims processing to independent experts (Bettauer , p. 8). According to the accepted arrangement, a Governing Council composed of the 15 Security Council members oversaw and guided the entire compensation process, and adopted all major decisions (Caron & Morris , p. 186). It elaborated rules specifying the eligibility for compensation (Crook ; Di Frigessi Rattalma & Treves ); appointed panels of experts in such fields as finance, accountancy, law, insurance, and environmental damage (UNCC , paragraph 18); and adopted the final claims decisions.…”

Section: Regulatory Theory and The United Nations Compensation Commismentioning

confidence: 99%

“…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. It decided formally by nine affirmative votes without any privileges for particular countries, but actually made all decisions by consensus (Payne , p. 21).…”

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

“…destroyed goods) than immaterial damage (e.g. loss of profits) (Caron & Morris , p. 195). For this reason, the latter claims categories also provided incentives to submit unjustified or exaggerated claims (Ulmer , p. 8).…”

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

“…Third, E2 claims were complex, involved large amounts of compensation, and exhibited a comparatively low approval rate, indicating a huge gap between expectations of claimants and actual outcomes. Fourth, this category includes “types of claims where it could be argued that claimants perhaps would seek unfairly to recover windfall profits” (Caron & Morris , p. 195). E2 panel reports include tables that provide comparable information on individual claims, requesting states, types of loss, amount claimed, and the recommended amount.…”

Section: Realizing Credible Commitment Without Losing Political Contrmentioning

confidence: 99%

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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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Section: Regulatory Theory and The United Nations Compensation Commismentioning

confidence: 99%

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

Section: Toward Credible Commitment Without Losing Controlmentioning

confidence: 99%

Section: Realizing Credible Commitment Without Losing Political Contrmentioning

confidence: 99%

See 2 more Smart Citations

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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“…The first chapter of Part I explores the customary nature of human rights and humanitarian law, outlines the basic premise of state responsibility in relation to violations and identifies the general international norms that establish the obligation to provide reparations. The convergence of norms and legal sources is documented by reference to the status of reparations in relation to individuals, as demonstrated in jurisprudence from the International Court of Justice, the Articles on State Responsibility of the ILC, 21 as well as in provisions in humanitarian and human rights instruments. The influence of international human rights law on general international law is particularly highlighted.…”

Section: Part Imentioning

confidence: 99%

The Right to Reparation in International Law for Victims of Armed Conflict

Evans

2012

127

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In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines state responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted state responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of states. Contents Acknowledgements page ixTable of cases xi Table of treaties xvii List of abbreviations xix 7 Case study: reparations in Guatemala 7.1 Introduction 7.2 Brief historical background 7.3 Peace negotiations 7.4 Establishment and mandate of the Truth Commission 7.5 Operational aspects of the Historical Clarification Commission 7.6 The Final Report of the Historical Clarification Commission 7.7 Follow-up and implementation of the recommendations regarding reparations 7.8 Conclusions 8 Case study: reparations in Sierra Leone 8.1 Introduction 8.2 Brief historical background 8.3 Lomé Peace Agreement 8.4 The Truth and Reconciliation Commission Act of 2000 8.5 Operational aspects of the Truth and Reconciliation Commission 8.6 The relationship between the Truth Commission and the Special Court 8.7 The Final Report of the Truth Commission and its Recommendations 8.8 Follow-up and implementation of the recommendations regarding reparations 8.9 Conclusions 9 Case study: reparations in East Timor contents vii 9.7 Follow-up and implementation of the recommendations regarding reparations 9.8 Conclusions 10 Case study: reparations in ColombiaThis topic has been a long-standing interest of mine since undertaking volunteer work in with victims of the armed conflict in Guatemala.The strength of victims of human rights violations and of the advocates who act on their behalf has constituted the major source of inspiration during this research. This book is based on a Ph.D. thesis successfully defended at the London School of Economics and Political Science (LSE) in November 2010. I wish to express gratitude to Prof. Stanley Cohen for encouraging me to apply to LSE, to Prof. Gerry Simpson for his supervision and to Dr Margot Salomon for her supervision and important guidance during the final stages. I also wish to thank Prof. Manfred Nowak and Prof. Francesca Klug for their invaluable comments in the context of the examination of the thesis.A warm expression of appreciation to my supervisors at the UN Office of the...

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Climate Conflicts and International Humanitarian Law

Christiansen

2016

Climate Conflicts - A Case of International Environmental and Humanitarian Law

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The UN Compensation Commission: Practical Justice, not Retribution

Cited by 9 publications

References 0 publications

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

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

The Right to Reparation in International Law for Victims of Armed Conflict

Climate Conflicts and International Humanitarian Law

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