PAIL Institute Publications

PAIL Institute Monograph Series

International Claims: Their Settlement by Lump Sum Agreements, 1975-1995

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

Hardcover - 350 pages (1999)
ISBN: 1-57105-058-2

Price: US $115.00

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About This Publication

The scholarship and analysis of Professors Richard B. Lillich and Burns H. Weston in their acclaimed, two-volume work, International Claims: Their Settlement by Lump Sum Agreements (1975) is extended in this volume. Collecting lump-sum agreements concluded between 1975 and 1995 (as well as hitherto unavailable agreements concluded before 1975), this volume, like its predecessor two-volume study, provides authoritative translations and annotations of these significant international law instruments. The agreements are studied in detail, and such issues as the eligibility of claimants, the substantive bases of claims, the compensability of claims, and standards of compensation under the agreements are reviewed and discussed. The continued importance of lump sum agreements to the dynamic Law of International Claims and Law of State Responsibility is also examined. The book is an important contribution to these subjects, and, for both practical and theoretical reasons, will be valued by international law practitioners and scholars alike.

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About The Author(s)

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.

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.

David J. Bederman is Professor of Law at Emory University and the current President of The PAIL Institute. He holds the Diploma of The Hague Academy of International Law and a Ph.D. in law from the University of London. He has served as a Legal Advisor at the Iran-U.S. Claims Tribunal in The Hague as well as counselor on many international claims matters. Professor Bederman's research interests include the law of state responsibility, the law of the sea and global environment, and international legal theory and history.

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Reviews

Ronald J. Bettauer, American Journal of International
In 1975, Richard Lillich of the University of Virginia Law School and Burns Weston of the University of Iowa Law School prepared an extremely useful, two-volume compilation of 139 lump sum claims agreements, which was published as volume 13 of the Procedural Aspects of International Law Monograph Series. Before Lillich's untimely death in 1996, significant progress had been made in collecting additional lump sum agreements--often directly from foreign- ministry legal offices--for an update of the 1975 book. Weston and David Bederman of Emory University Law School completed this new compilation (volume 23 in the same monograph series), which includes 69 lump sum agreements and an analytical introduction of nearly a hundred pages. The authors are to be commended. Academics, practitioners, and government officials would have difficulty finding many of the agreements present in this compilation. The volume should therefore serve as an invaluable reference tool.

. . .

Since international claims are frequently settled through lump sum agreements between governments, the authors' analysis of the agreements will prove useful for, and inform the expectations of, both government officials and those who do business in foreign countries. The agreements--particularly those of major countries--do follow patterns and also normally include certain terms. Government officials preparing for claims settlement negotiations will also wish to study the relevant agreements that are contained in this volume. Similarly, investors should be aware that their property in a foreign jurisdiction, under certain circumstances, could be covered by a lump sum claims settlement.

. . . it seems to this reviewer that Weston, Lillich, and Bederman are well justified in finding that many of the underlying international law principles are shared by all parties and that these principles can be seen as emerging from the lump sum claims settlement agreements. The negotiation and conclusion of these agreements is thus a practical exercise of the law of state responsibility and diplomatic protection, and the agreements themselves are an important source of law. It is to be hoped that the International Law Commission will mine the materials provided by Weston, Lillich, and Bederman for the commission's work in these fields. . . .

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Availability

International Claims: Their Settlement by Lump Sum Agreements, 1975-1995 is available from:

Transnational Publishers, Inc.
Ardsley Park Science & Technology Center
410 Saw Mill River Road
Ardsley, New York 10502-2615

(914) 693-5100
(800) 914-8186 (toll free)
(914) 693-4430 (fax)
email: info@transnationalpubs.com
http://www.transnationalpubs.com

International Claims: Their Settlement by Lump Sum Agreements, 1975-1995 can be ordered online from Amazon.com.

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Table of Contents

	Editor's Foreword				ix
	Acknowledgments				xi
	Key to Abbreviations				xiii
Part I. The Commentary
	Introduction				xiii
I.	The Lump Sum Agreement in Jurisprudential Perspective				7
II.	Eligible Claimants Under Lump Sum Agreements				21
	A.	Eligibility of Individuals			29
	B.	Eligibility of Partnerships			33
	C.	Eligibility of Corporations			35
	D.	Eligibility of Stockholders			39
	E.	Other Claimants			42
		1.	Successor and Surrogate Claimants		42
		2.	State Claimants		43
III.	The Substantive Bases of the Claims Covered by Lump Sum Agreements				45
	A.	The Attribution of International Responsibility			45
		1.	Responsibility for Claims Accrued Against, or Generated by, Predecessor Regimes		45
		2.	Responsibility for Claims Accrued Against, or Generated by, Political Subdivisions, Minor Officials, and Private Persons		48
		3.	Responsibility for Claims Accrued Against, or Generated by, Third States within the Territory of Respondent States		50
	B.	The Effect of Governmental Objectives Upon International Responsibility			51
	C.	The Effect of Governmental Objectives Upon International Responsibility			53
		1.	The Commencement of International Responsibility		53
		2.	The Validity of, and Responsibility for, Territorial and Extraterritorial Deprivations		56
		3.	Responsibility for Wartime Deprivations		58
	D.	The Effect of Different Methods of Deprivation upon International Responsibility			59
IV.	Compensable Claims under Lump Sum Agreements				65
V.	Compensation under Lump Sum Agreements				77
	A.	Promptness			77
	B.	Adequacy			83
	C.	Effectiveness			91
	Conclusion				95
Part II. The Agreements
	Chronological List of Agreements				101
	Cross-Index List of Agreements				105
	Key to Abbreviations				111
	Agreements				113
	Bibliography				347
	Index				353