The UN Compensation Commission: Old Rules, New Procedures on War Reparations
Author(s) -
Andrea Gattini
Publication year - 2002
Publication title -
european journal of international law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.607
H-Index - 59
eISSN - 1464-3596
pISSN - 0938-5428
DOI - 10.1093/ejil/13.1.161
Subject(s) - commission , compromise , legitimacy , politics , law , international law , criticism , political science , compensation (psychology) , international community , settlement (finance) , law and economics , sociology , economics , psychology , finance , psychoanalysis , payment
Since its inception, the legitimacy of the United Nations Compensation Commission (UNCC) has been controversial, particularly the Security Council's competence to establish it. In this article, the author maintains that the UNCC, although it represents an unprecedented example of institutionalized international cooperation, follows and improves on the tradition of international law rules on war reparations. Although some of its procedural and substantial aspects might be open to criticism, the work hitherto accomplished by the various UNCC panels shows a very high standard of legal skill and fairness, and has contributed significantly to the clarification and development of various international law rules on claims settlement. Nevertheless, a final political compromise with Iraq is necessary if the UNCC is to be acknowledged as the first fully successful model of a collective relief system organized by the international community in response to an aggression.
Accelerating Research
Robert Robinson Avenue,
Oxford Science Park, Oxford
OX4 4GP, United Kingdom
Address
John Eccles HouseRobert Robinson Avenue,
Oxford Science Park, Oxford
OX4 4GP, United Kingdom