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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests

Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests

Chapter:
(p.1241) Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
Source:
From Bilateralism to Community Interest
Author(s):

Peter H Sand

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0076

Most commentators on the work of the United Nations Compensation Commission (UNCC) agree that the Commission and its law-making record were rather unique in international law, both in terms of institutional and procedural characteristics, and in terms of the substantive legal rules applied. Within the Commission's range of work in turn, there is a distinct segment that stands apart from the general context of the UNCC ‘regime’; namely the system of compensation for environmental claims, referred to as the ‘F4’ category. This chapter seeks to clarify the question as to why and how, or to what extent, the rules applied to environmental claims were indeed different, or sui generis, as compared with the rest of the UNCC. It is only after this kind of analytic clarification that the ulterior question can be asked as to whether the UNCC/F4 experience may hold any precedential lessons for other claims proceedings in the future.

Keywords:   United Nations Compensation Commission, international law, compensation, environmental damage claims, F4

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