PAIL Institute Publications

PAIL Institute Monograph Series

International Claims: Contemporary European Practice

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

Hardcover - 204 pages (1982)
ISBN: 0-8139-0927-9; LC: 81-21957

Price: US $42.00

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About This Publication

This volume is a companion to Richard Lillich's two earlier books International Claims: Their Adjudication by National Commissions and International Claims: Postwar British Practice, and to Burns Weston's International Claims: Postwar French Practice. Like its predecessors, it examines in detail the practice of four countries (Austria, Belgium, Italy and Switzerland) with regard to the second half of the lump sum settlement — national claims commission device for the settlement of international claims. It should be read in conjunction with the editor's treatment of the first half of the lump sum technique in their International Claims: Their Settlement by Lump Sum Agreements.

This study of contemporary European claims practice reveals a consistent set of norms relied upon by the various contracting States. The lump sum settlements considered here will undoubtedly influence international expectations concerning the amount of compensation that might be received in the wake of any widespread deprivation. They also illustrate the unanimity with which the European States have approached the issues of corporate nationality, allowed creditor claims, and weakened standards of adequacy and promptness in compensation.

International expectations will not be dispelled by the decision of the International Court of Justice in the Barcelona Traction Case relegating lump sum practice to a sui generis — lex specialis status. Contemporary European claims practice affirms the relevance of lump sum agreements as an important source for shaping international law.

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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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Availability

International Claims: Contemporary European Practice is available from:

William S. Hein & Co., Inc.
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Buffalo, NY 14209

(716) 882-2600
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International Claims: Contemporary European Practice is also available from Amazon.com.

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Table of Contents

	Foreword				vii
	Preface				ix
	Introduction Richard B. Lillich and Burns H. Weston				1
I.	International Claims: Contemporary Austrian Practice Ignaz Seidl-Hohenveldern				14
II.	International Claims: Contemporary Belgian Practice George T. Yates III and Thomas E. Carbonneau				65
III.	International Claims: Contemporary Italian Practice Andrea Giardina				97
IV.	International Claims: Contemporary Swiss Practice Lucius Caflisch				139
	Contributors				189
	Analytical Table of Contents				191
	Index				195