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International claims commissions have, over the last few decades,
established themselves as important and permanent fixtures in
international adjudication. This book provides a comprehensive
review and analysis of the workings and mechanics of claims
commissions to assess their success and predict their utility in
the future. The book examines the legal framework of an
international claims commission and the basic elements its
processing procedure, as well as exploring the difficulties and
challenges associated with operating costs, remedies and compliance
with judgments. International claims commissions are created ad hoc
to consider large numbers of complex legal claims resulting from an
international upheaval, making them important international dispute
resolution mechanisms. By focusing in large part on the examples
set by the United Nations Claims Commissions, the Iran US Claims
Tribunal, and the Eritrea Ethiopia Claims Commission, the authors
assess the reasons to establish a claims commission by discussing
their legal and operating structures, issues related to evidence
and costs and the challenges and successes of creating them. The
book concludes with a detailed analysis of lessons learnt to guide
policy makers in the creation of future claims commissions. Written
by two academics and a former practitioner this book is a practical
resource for international law academics; counsel and judges in
international courts and tribunals; policy makers in international
organizations and foreign ministries, and diplomats.
On a variety of international legal matters, relations between the
US and European countries are evolving and even diverging. In an
ever-changing world, understanding the reasons for this increasing
dichotomy is fundamental and has a profound impact on our
understanding of world dynamics and globalization and, ultimately,
on our awareness of where the West is going. This interdisciplinary
volume proposes new frameworks to understand the differences in
approach to international law in the US and Europe. To explain the
theoretical and historical underpinnings of the diverging views,
the expert essays present new research and develop innovative
conclusions. They assess and explore issues such as the idea of
sovereignty, constitutional law, the use of force, treaty law and
international adjudication. Leading authorities in different
disciplines including law and political science, the contributors
engage in a new dialogue and develop a new discourse on
inter-Atlantic views.
Beyond Fragmentation assembles a unique team of expert
practitioners and leading scholars to explore and advance the study
of cross-fertilization among international courts and tribunals.
Using an inter-disciplinary and multi-method approach, contributors
analyse how international courts and tribunals interact and why it
matters in practice. After a thorough review of prior assessments
of cross-fertilization and fragmentation, the editors offer a new
take on competition and cooperation across courts and tribunals,
exploring both substantive and procedural elements as well as the
diverse agents of cross fertilization. Contributors engage with
procedural issues, identifying a "procedural cross-fertilization
pull" and why and how procedure is converging in international
courts and tribunals. Case studies on the convergence in the law of
the sea and at the European Court of Human Rights provide
contrasting experiences of substantive cross-fertilization. The
volume also identifies a variety of agents of cross-fertilization,
including judges, litigants, counsel, and international
organizations.
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