PAIL Institute Publications

PAIL Institute Monograph Series

International Claims: Their Settlement by Lump Sum Agreements

Author(s): Lillich, Richard B., and Burns H. Weston

Hardcover - 2 Volumes (1975)
ISBN: 0-8139-0642-3; LC: 75-5911

Price: US $80.00

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About This Publication

International Claims: Their Settlement by Lump Sum Agreements is a two volume treatise. Part I describes and evaluates all the important substantive norms and procedural techniques found in, and relevant to, lump sum agreements. Part II contains the original English texts or English translations of 126 lump sum agreements concluded since World War II -- numbered in chronological order.

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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.

Burns H. Weston is the Bessie Dutton Murray Distinguished Professor of Law Emeritus at The University of Iowa and Director of the University's Center for Human Rights. An Honorary Editor of the American Journal of International Law, he is the author of many international law books and articles, editor of International Law and World Order: Basic Documents (1994-), and, most recently, co-editor and contributor to The Future of International Human Rights (1999). Dr. Weston is a member of the Board of Trustees of The PAIL Institute, and Editor of its Monograph Series.

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Reviews

Fatouros, American Journal of International Law
Lillich and Weston have now written what will long remain the definitive work on this method of settlement of international claims. . . . Their collection of these hard-to-find texts constitutes in itself a signal service to the legal profession and to Chanceries the world round. . . . The book is written in readable, frequently elegant, style. . . . [A] comprehensive analysis of a difficult topic.

White, Virginia Journal of International Law
With this two-part treatise Professors Lillich and Weston have confirmed their well-deserved reputation as leading experts on the subject of international claims under State practice during the past thirty years. . . . No law library purporting to include sources on international law and relations ought to be without a copy.

Timberg, American Bar Association Journal
[T]hese two volumes belong in the libraries of all lawyers involved in international claims practice. . . .

Copithorne, Canadian Yearbook of International Law
The authors' case is persuasive. . . . They have a very clear grasp of the importance of the lump sum claims device in the post-war practice of states. . . .

Revue Générale de Droit International Public (translation)
[I]n a class by itself. . . .

Giardina, Rivista di Diritto Internazionale (translation)
Keeping in mind the great richness of the practice collected and analytically examined, and given the general theoretical bases which they offer, the two volumes of Lillich and Weston represent together a secure and stimulating point of reference for studies on the subject of International Claims.

Hohenveldern, Journal de Droit International
[V]ery useful work. . . . [T]hese impressive materials, . . . represent as complete a research as it is humanly possible to conduct in this area.

Timberg, American Bar Association Journal
[T]hese two volumes belong in the libraries of all lawyers involved in international claims practice. They supply welcome illumination on the way in which friction-creating disputes between "have" and "have not" countries have been settled in the last thirty years, a light which should be helpful in settling similar controversies in the future.

Mangoldt, Zeitschrift für Ausländisches Öffent-liches Recht und Völkerrecht (translation)
Through this [book] the authors show themselves to be committed champions of the progressive values and developing capabilities of the present law of state responsibility.

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Availability

International Claims: Their Settlement by Lump Sum Agreements 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 #: 306590

International Claims: Their Settlement by Lump Sum Agreements is also available from Amazon.com.

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Table of Contents

	Foreword by William W. Bishop, Jr.					vii
	Preface					xi
	Key to Abbreviations					xix
	Introduction					1
PART I — COMMENTARY
I.	The Lump Sum Agreement in Jurisprudential Perspective					9
	A.	The Conceptual Confusion				12
	B.	The Conceptual Desideratum				34
II.	Eligible Claimants under Lump Sum Agreements					44
	A.	Eligibility of Individuals				45
	B.	Eligibility of Partnerships				61
	C.	Eligibility of Corporations				63
	D.	Eligibility of Stockholders				80
	E.	Other Claimants				102
		1.	Successor Claimants			103
		2.	State Claimants			106
III.	The Substantive Bases of the Claims Covered by Lump Sum Agreements					111
	A.	The Attribution of International Responsibility				113
		1.	Responsibility for Claims Accrued Against, or Generated by, Predecessor Regimes			115
			a.	Responsibility for Claims Accrued Against, or Generated by, Genealogically Related Predecessor Regimes		115
			b.	Responsibility for Claims Accrued Against, or Generated by, Genealogically Unrelated Predecessor Regimes		122
		2.	Responsibility for Claims Accrued Against, or Generated by, Political Subdivisions, Minor Officials, and Private Persons			127
		3.	Responsibility for Claims Accrued Against, or Generated by, Third States Within the Territory of Respondent States			132
	B.	The Effect of Governmental Objectives upon International Responsibility				136
	C.	The Effect of Particular Contexts of Confrontation upon International Responsibility				140
		1.	The Commencement of International Responsibility			140
		2.	The Validity of and Responsibility for Territorial and Extraterritorial Deprivations			143
		3.	The Validity of and Responsibility for Breaches of Explicit or Implicit Promises Not to Deprive			157
		4.	Responsibility for Wartime Deprivations			159
	D.	The Effect of Different Methods of Deprivation upon International Responsibility				167
IV.	Compensable Claims under Lump Sum Agreements					174
	A.	Wealth Deprivation - Proprietary Claims				175
	B.	Wealth Deprivation - Creditor Claims				186
		1.	Claims Against Respondent States			191
			a.	Bondholder Claims		191
			b.	Ordinary Creditor Claims		194
		2.	Claims Against Nationalized Concerns			196
		3.	Claims Against Private Parties			199
	C.	Personal Injury and Death Claims				200
	D.	War Claims				203
	E.	Miscellaneous Claims				205
V.	Compensation under Lump Sum Agreements					207
	A.	Promptness				208
	B.	Adequacy				216
	C.	Effectiveness				240
	D.	Toward a New Consensus on Compensation				247
	Conclusion					257
	Appendixes					264
	A.	Economic Observations on Lump Sum Agreements, by Norman N. Mintz				264
	B.	Texts of Additional Lump Sum Agreements				283
	C.	Citations to Part II Lump Sum Agreements				328
	Bibliography					335
	Agreements Index					351
	Author Index					358
	Subject Index					362
PART II — THE AGREEMENTS
	Authors' Introduction					v
	Chronological List of Agreements					xiii
	Cross-Indexed List of Agreements					xix
	Key to Abbreviations					xxix
	Agreements
	Appendixes: Lists of Claims Agreements
	A.	Other Lump Sum Agreements				367
	B.	Other Claims Agreements				371