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War Reparations and the UN Compensation CommissionDesigning Compensation After Conflict$
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Timothy J. Feighery, Christopher S. Gibson, and Trevor M. Rajah

Print publication date: 2015

Print ISBN-13: 9780199389735

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199389735.001.0001

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Principles of Valuation Taken from the Uncc Perspective

Principles of Valuation Taken from the Uncc Perspective

Chapter 4 Principles of Valuation Taken from the Uncc Perspective
War Reparations and the UN Compensation Commission

Arif H. Ali

Marguerite C. Walter

Oxford University Press

This chapter explores the damages assessment techniques used by UNCC in processing the mass claims before it. The UNCC demonstrated a remarkable flexibility and ingenuity in its approach to valuation. That approach drew on the experiences of prior international claims settlement mechanisms, but also developed new damages assessment techniques for certain types of claims based on those used in domestic fora in the context of mass claims. Although much can be said about the contribution of UNCC to principles and procedures of international compensation, perhaps the central valuation principle that emerges from the UNCC experience is the importance of providing what one panel of Commissioners called effective justice, that is, justice based on reasonableness and efficiency where the compensation process is beset by extreme difficulties of proof and a large number of claimants in need of prompt relief.

Keywords:   valuation, damages assessment, compensation, UNCC, mass claims

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