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Edited by Jens David Ohlin

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Edited by Jens David Ohlin

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Jens David Ohlin

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Edited by Jens David Ohlin

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Antonios E. Platsas

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Jens David Ohlin

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Antonios E. Platsas

Chapter 1: background information and the parameters of the book’s proposed analysis are offered in this chapter. In particular, the chapter defines relevant concepts, proceeds with the analytical strategic parameters for the models and factors, which are to follow, and attempts to familiarise the reader with the book’s overall subject matter.

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What are international mass claims commissions?

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.

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Theoretical background

Challenges and Perspectives

Vassilis Pergantis

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

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Setting the scene

The Case of Individual Victims of Human Rights Violations

Pierre Schmitt