PAIL Institute Publications

PAIL Institute Monograph Series

International Claims: Their Preparation and Presentation

Author(s): Lillich, Richard B., and Gordon A. Christenson

Hardcover - 173 pages (1962)
ISBN: 1-57588-307-4; LC: 62-18891

Current Price: US $42.00

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About This Publication

International Claims: Their Preparation and Presentation is a practical guide to the mechanics of preparing and presenting claims to the Department of State, the Foreign Claims Settlement Commission and to international commissions.

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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.

Gordon Christenson is University Professor of Law at the University of Cincinnati School of Law. In the late 70s, he held the Charles H. Stockton Chair of International Law at the U.S. Naval War College, prior to which he was Dean and Professor of Law at the Washington College of Law at the American University. He has taught at six major law schools, most recently at the University of Hawaii where he held the Wallace S. Fujiyama Distinguished Visiting Professorship in 1997. Professor Christenson has held posts with the Legal Advisor's Office of the U.S. Department of State and as Assistant General Counsel for Science and Technology at the Department of Commerce. He is a member of the Board of Editors of the Human Rights Quarterly, Vice-President of The Procedural Aspects of International Law Institute, a member of the American Society of International Law, and a Fellow of the Graduate School of the University of Cincinnati.

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Reviews

Laylin, American Journal of International Law
Competent comprehensive treatment of the technical aspects of international claims practice has been overdue. With this handbook the vacuum has been filled admirably. For the practitioner, be he a newcomer to the field of international claims or an old hand, this book is essential. . . . Not only the practitioner but those in the claims division of the Legal Adviser's Office will be indebted to the authors. It will save the former from having to make, and the latter from having to answer, the requests for the sort of guidance that is now provided so ably by this work.

Griffin, Temple Law Quarterly
In summary, this is a 'how-do-do-it' book which ought to be in the library of every lawyer who seeks compensation for injury by a foreign government to the person or property of a United States national.

Seidl-Hohenveldern, American Journal of Comparative Law
The present book is the companion volume to Professor Lillich's recent work. . . [and] there is no doubt that it will be as well received as its predecessor. . . . The present book constitutes an excellent guide on how to present such claims against a foreign government on account of violations of international law. The book is written in such a clear and simple language that an intelligent prospective claimant may be able to judge for himself whether the efforts involved in pursuing a claim will be justified in his case. Should he decide to present a claim he will be well advised to choose a lawyer. To any lawyer engaged in representing such claimants the present book will be indispensable mainly on account of its many invaluable practical hints. . . .

For years the present reviewer [served] in the international Law Department of the Austrian Foreign Office. Looking back, he can only regret that this book was then not yet available. . . . Obviously, details of the procedures employed by the United States Department of State may vary from those followed by the Foreign Services of other countries. Yet, as the underlying principles are rules of international law, this reviewer believes that the present book will be of value even to foreign practi- tioners submitting similar claims to their Foreign Office.

Bilder, University of Pennsylvania Law Review
The publication by Professor Lillich and Mr. Christenson of a concise guide to United States claims procedure is thus particularly timely and meets a very real need.

Connell, Syracuse Law Review
We can be thankful that in the united States there are people working in this field and publishing books like the one being reviewed. . . . It is hoped. . . that these talented authors will continue their efforts in this field and perhaps turn next to some of the more academically challenging aspects of international claims and international law.

This factor does not detract in the least from the merit of the book, for it is well conceived, well executed and a significant contribution in an area of law which was in need of a book of this kind . . . . Those who are concerned with the preparation of international claims will find it indispensable, and therefore to Professor Lillich and Dr. Christenson we owe our sincere thanks for writing such a valuable book.

Yearbook of World Affairs
Professor Lillich's and Mr. Christenson's International Claims is a workmanlike effort that is primarily concerned with the preparation and presentation of claims to the United States Department of State and the United States Foreign Claims settlement Commission. The book is clearly written, the appendices are helpful to the practitioner, and the bibliography is a model of its kind.

Fatouros, Canadian Bar Review
It is hoped that these comments have made evident the remarkable qualities of this little book, qualities which far exceed its bulk. For the practicing lawyer, it is a unique guide which brings together rules requirements and suggestions previously unavailable or available with difficulty and in fragments. For the international lawyer or the student it is also quite useful, because it is the only existing exposition of the exact procedures and requirements for the submission of claims and no branch of law can be understood without some knowledge of the related practice and procedure. Two additional qualities should also be mentioned before closing, namely, the careful printing and pleasant general appearance of the book and, by no means least, the excellent style of its authors. It is a long while since a book written avowedly as a practical guide to lawyers was couched in so fluent, correct and precise a language. It is to be hoped that the authors will continue, jointly or severally, their work in these important but neglected aspects of the law of state responsibility.

Gormley, Saint Louis University Law Journal
[T]he authors have achieved their stated aim and thereby produced the beginnings of a major contribution not only to the international legal realm but also to American administrative law.

Fox, British Yearbook of International Law
[T]he authors. . . have provided an excellent introduction to the procedure of initiating a claim. . . . There is no handbook to British practice, and though the British Foreign Compensation Commission publish annual informative reports, there has been little critical comparison of its methods with those of American and other claims commissions. If the present book stimulates others to follow up the research of its authors, its publication will be doubly justified.

Mann, Law Quarterly Review
The discussion is largely based on practical experience as will afford considerable assistance to anyone who may come across a very specialised branch of the law of the united States. It is, therefore, a very helpful little book from which occasionally even non-American lawyers may derive benefit.

MacKay, University of Toronto Law Journal
To those in the United States whose clients have claims for personal injury or loss of life or property against foreign states, this book will undoubtedly prove useful. Because it is oriented exclusively to practice in the United States it may seem to be of little interest to a Canadian audience. Yet there are reasons why this impression is likely to prove false as the volume of claims grows with increasing travel, trade and investment abroad by Canadians. This is the only comprehensive treatment, in English, of procedures in this field. Moreover, requirements in the United States are likely to differ only in detail from those in other countries like Canada which support traditional principles of state responsibility for injuries to aliens. This seems particularly true since much of the sub- stantive law in this field has been derived from United States practice which has consistently had more thorough reporting, examination, and appraisal than that of other countries. Finally, for those interested in international law generally, this book does deal with procedure, which is usually ignored; it is concerned with an important aspect of the rule of law in international affairs; and it does record state practice in a leading creditor country long concerned with the diplomatic protection of the interests of its nationals abroad.

Soubbotitch, New York Law Forum
[T]his book is a good and a useful one, both for practitioners and scholars. It shows the great efforts which were made and the results achieved in modernizing and improving the functioning of the adjudication of international claims of private claimants by a national claims commission based upon the distribution of an existing lump sum fund.

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Availability

International Claims: Their Preparation and Presentation 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 #: 306560

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Table of Contents

Preface				vii
Introduction				1
I.	Eligible Claimants			7
	Individuals			8
	Partnerships			14
	Corporations			15
	Stockholders			17
	Other Claimants			21
		Administrators		21
		Assignees		22
		Executors		22
		Guardians		22
		Heirs		23
		Legatees		24
		Receivers		24
		Subrogees		25
		Miscellaneous Claimants		25
II.	The Preparation of an International Claim: Nationality			26
	Preliminary Considerations			26
	Individuals			31
	Partnerships			36
	Corporations			38
III.	The Preparation of an International Claim: Ownership			40
	Wrongful Death Claims			41
	Personal Injury Claims			42
	Property Claims			43
	Special Problems of Proving Ownership			46
		Corporate Claims		46
		Stockholder Claims		47
		Derivative Ownership of Claims		49
IV.	The Preparation of an International Claim: Wrongful Act			52
	Wrongs Against Persons			53
	Wrongs to Interests in Property			56
	Wrongs Involving Contracts or Concessions			62
	Wrongs Occurring During Time of War			66
V.	The Preparation of an International Claim: Damages			68
	Personal Injury and Wrongful Death Claims			69
		Personal Injury Claims		69
		Wrongful Death Claims		72
	Loss of or Damage to Property			74
		Property Loss		75
		Property Damage		80
	Breach or Repudiation of Contract or Concession			81
	Special Aspects of Damages			84
		Deductions		84
		Costs		84
		Interest		85
		Currency Problems		86
		Awards Exceeding Amount Claimed		87
VI.	The Presentation of an International Claim to the Department of State			88
	Procedural Safeguards			89
	Method and Criteria			90
	Duties of the Claimant			92
	Control Over the Claim			94
	Exhaustion of Local Remedies			96
	Assistance Short of Espousal			98
	Settlement and Distribution			102
VII.	The Presentation of an International Claim to National or International Commission			104
	National Commissions			104
	International Commissions			115
Appendixes				117
	A.	Sample Statement of Claim in Affidavit Form		117
	B.	Foreign Claims Settlement Commission Form No. 709 (Claims Against the Government of Poland)		125
	C.	Department of State Suggestions for Preparing Claims for Personal Injury or Loss of Life - July 1, 1955		131
	D.	Department of State Suggestions for Preparing Claims for Loss of or Damage to Real or Personal Property - March 1, 1961		134
	E.	Memoranda Regarding Claims of American Nationals Under Provisions of the Treaty of Peace with Japan, June 20, 1952		137
	F.	Rules of Procedure of the United States-Japanese Property Commission		139
Bibliography				149
	Source Materials			149
	Books			152
	Articles			156
Index				169