Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio
Righting Wrongs after Conflict
Lea Brilmayer, Chiara Giorgetti and Lorraine Charlton
International Mass Claims Commissions (IMCCs) are ad hoc bodies whose structure, jurisdiction, procedure and ability to provide remedy vary considerably. Chapter 1 analyses their common features, including the fact that IMCCs are ad hoc binding dispute resolution mechanisms, which are structured and act like judicial bodies. They are created after an event of international relevance, and are international law instruments which engage the responsibility of states. The chapter clarifies the differences between IMCCs and other similar domestic and international mechanisms that may share some, but not all, of the characteristics of IMCCs. It offers an historical overview of IMCCs and an initial introduction to the most relevant modern examples of IMCCs, including the Iran–US Claims Tribunal, the United Nations Compensation Commission and the Eritrea–Ethiopia Claims Commission. List of Keywords: definition of claims commission, characteristics of claims commissions, differences between IMCCs and other similar instruments, historical IMCCs, Iran–US Claims Tribunal, United Nations Compensation Commission and the Eritrea–Ethiopia Claims Commission.
Justice, Institutions and Outcomes
Simon Birnbaum, Tommy Ferrarini, Kenneth Nelson and Joakim Palme
In the chapter the authors develop a justice-based argument for why it matters whether the generational welfare contract is balanced and provide equally comprehensive social protection against different age-related social risks. This establishes a normative starting point for the authors’ empirical investigations on how welfare states affect different age groups. Building on the prudential lifespan account of justice between age groups, one set of considerations focuses on how to facilitate stable intergenerational cooperation to enhance life prospects of all successive generations as they move through the different stages of life. A second source of arguments is the ideal of relational equality, bringing attention to inequalities between people in different life stages, especially with respect to goods that matter to their relative power and social status. Finally, a third layer of considerations is derived from justice between non-contemporaries and the requirements of just savings for future generations.
Challenges and Perspectives
Chapter 1 presents the theoretical premises upon which the book is based. It invokes and exploits critical theory by focusing on the binary constructions permeating the law of treaties discourse, such as the tension between individualism and collective interest, the juxtapositions between esoteric and manifested intent and the oscillation between the negotium and the instrumentum. The delineation of the theoretical framework and the discursive techniques employed allows the showcasing of both the binary and transformational characters of those tensions, as well as how they shape the discussion on challenges to the treaty concept and the paradigm of state consent in the cases discussed further down in the book. Keywords: individualism; communitarianism; formalism; negotium; instrumentum; State consent; critical approach