PAIL Institute Publications

PAIL Institute Monograph Series

International Claims: Their Adjudication by National Commissions

Author(s): Lillich, Richard B.

Hardcover - 120 pages (1962)
ISBN: 1-57588-306-6; LC: 62-7735

Current Price: US $42.00

---

About This Publication

The field of international claims is a billion-dollar business. Processing these claims is increasingly complex. International Claims: Their Adjudication by National Commissions gathers pertinent data to trace the history of national claims commissions, to evaluate their handling of procedural problems, and to determine their effect on international law.

---

About The Author(s)

A founder and President of The PAIL Institute from 1965 until his death, Richard B. Lillich (1933-1996) was a widely-acclaimed international law scholar, teacher, and practitioner. He authored scores of books and articles and frequently served as a consultant to the Office of the Legal Advisor of the US. Department of State. A world-renowned expert in several fields-including human rights, international economic law, and the law of state responsibility — he was unsurpassed in his knowledge of international claims.

---

Reviews

Drucker, International and Comparative Law Quarterly
This thoughtful and timely study of national claims commissions by Professor Richard B. Lillich is a useful contribution to the literature on the procedural problems of the adjudication of International Claims. . . . Professor Lillich has rendered a service to international law by his thorough evaluation of the twenty national claims commissions that have been established in the United States.

Franck, New York University Law Review
The book "is written with admirable lucidity and style. It culls the essentials in tracing the history, organization and jurisprudence of American claims tribunals. It provides a retrospective analysis of these tribunals at work. No practitioner could hope for a better return from an investment of three hours."

Soubbotitch, Rutgers Law Review
[O]ne has to congratulate the author for this extremely thorough monograph. It is a comprehensive analysis of the very basic and of a great many secondary theoretical and practical aspects of this complicated problem, which is on the fence between international and domestic law -- more especially constitutional and administrative law.

Garcia-Mora, Fordham Law Review
The book "is devoted to the treatment of the national commissions established by the United States. [The author] discusses with admirable clarity and breadth of knowledge, such topics as the history and organization of national claims commissions, the law which they are called upon to apply, and their impact upon international law. As these commissions are really domestic tribunals, problems of constitutional law, such as due process and the right to appeal from decisions rendered, are thoroughly and skillfully treated. The author has certainly presented a scholarly treatise which is not only of great benefit to the student of international law but to the businessman and the lawyer as well. . . . It is a pleasure to say that Professor Lillich has written a highly scholarly book and has developed his thesis with admirable force and conviction. Above all, this is a work of rare originality, and a major contribution to the literature on international claims that no serious student of this subject can safely afford to overlook."

Crabb, Utah Law Review
In summary, the book performs very well the function of introducing the reader to the subject of national claims commissions. Undoubtedly this has been a field that has hitherto been inadequately publicized; hence, the book makes a distinctive and valuable contribution to legal literature.

Metzger, Syracuse Law Review
[T]his valuable monograph. . . [is] the first full-length study of such commissions which has appeared. It should be of substantial value to teachers and students of international law as well as to the practitioner in the international claims field.

Covey, American Bar Association Journal
The book "is a short, scholarly analysis of the procedural aspects of American national commissions. . . . Mr. Lillich, in his preface, defines what he considers the function of his book, to serve 'as a hard core for future grass-roots research in this area'. It is that and more. It is the best available short text on the procedural aspects of American national claims commissions."

Re, American Journal of International Law
International Claims: Their Adjudication by National Commissions is a welcome and useful addition to the available literature on international claims and state responsibility. Written in a clear and concise manner, it presents to the student of international law an excellent introduction to a tribunal whose functions and procedures ought to be as well known as those of other courts devoted to the solution of international legal problems.

Seidl-Hohenveldern, American Journal of Comparative Law
The present book deals in an exemplary fashion with a topic of the greatest practical interest. . . . [The author's] book is so interesting and offers so much food for thought that one wishes that these researches may be enlarged on a comparative basis. Of course, the work involved would be tremendous, as in most other countries the situation will be similar to that in the United States. There, too, the materials on the work of such Commissions, while not classified, will be hidden away in some archives, waiting for an enterprising scholar to bring them to the knowledge of scholars and practicing lawyers.

Fatouros, Canadian Bar Review
This book is scholarly and thorough, the result of much research, as the abundant use of primary sources makes particularly evident. The topic is timely and relatively neglected up to now.

Temple Law Quarterly
International claims, once a small matter in the law, have become an enormous billion-dollar field through increased foreign trade and investments. This work collects, for the first time, pertinent material from government records, legal journals, and case histories. From these sources, it then traces the origin of national claims commissions, evaluates their handling of procedural problems and determines their effect on international law. A great deal of original research was done by Dr. Lillich and thus a great amount of hitherto buried material has been uncovered.

---

Availability

International Claims: Their Adjudication by National Commissions is available from:

William S. Hein & Co., Inc.
1285 Main Street
Buffalo, NY 14209

(716) 882-2600
(800) 828-7571 (toll free)
(716) 883-8100 (fax)
e-mail: mail@wshein.com
website: http://www.wshein.com/
Hein Item #: 306550

---

Table of Contents

	Foreword				vii
	Preface				xi
	Introduction				1
I.	History of National Claims Commissions				5
	Utilization of National Claims Commissions				5
	Status of National Claims Commissions				15
	Funds of National Claims Commissions				23
II.	Organization of National Claims Commissions				41
	Structure of National Claims Commissions				41
	Operations of National Claims Commissions				48
	Review of National Claims Commissions				58
III.	Jurisprudence of National Claims Commissions				71
	Legal Standards				71
	Individual Claimants				76
	Partnership Problems				84
	Corporate Problems				86
	Other Claimants				94
	Summary				98
IV.	Evaluation of National Claims Commissions				102
	Unfavorable Aspects				104
	Favorable Aspects				116
	Precedent Value of Decisions				118
	Bibliography				123
	Table of Cases				135
	Index				137