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Post-War Restoration of Property Rights Under International Law

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



  • Date Published: September 2008
  • availability: In stock
  • format: Multiple copy pack
  • isbn: 9780521898317

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About the Authors
  • 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.

    • Assesses modern mass claims bodies against more traditional approaches, such as the reparation processes after the First and Second World Wars, thus making it possible to follow the topic's evolution
    • Sets out the primary norms involved in the protection of property rights, and offers insight into the practical effect of these norms
    • Combines theory and practice, looking at how an institution fits in the evolution of the right to reparation and at the concrete results delivered by the institution
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    Product details

    • Date Published: September 2008
    • format: Multiple copy pack
    • isbn: 9780521898317
    • length: 728 pages
    • dimensions: 234 x 156 x 51 mm
    • weight: 1.36kg
    • contains: 3 tables
    • availability: In stock
  • Table of Contents

    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.

  • Authors

    Hans Van Houtte, Katholieke Universiteit Leuven, Belgium
    Hans van Houtte is Professor of Law at Katholieke Universiteit Leuven, Belgium and president of the Eritrea Ethiopia Claims Commission in The Hague. In the past he has served as a member of the Commission for Real Property Claims in Bosnia Herzegovina, a member of United Nations Compensation Commission, and an arbitrator and senior judge at the Claims Resolution Tribunal for Dormant Accounts.

    Hans Das, Katholieke Universiteit Leuven, Belgium
    Hans Das is Deputy Head of Unit at the Directorate-General for Environment (DG Environment), European Commission.

    Bart Delmartino, Katholieke Universiteit Leuven, Belgium
    Formerly a research assistant at Katholieke Universiteit Leuven, Belgium, Bart Delmartino is Public Affairs Manager at Fortis.

    Iasson Yi, Katholieke Universiteit Leuven, Belgium
    Iasson Yi is an academic assistant in private international law at the law faculty of Katholieke Universiteit Leuven, Belgium.

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