Property Restitution and Compensation PDF Download

Author: International Organization for Migration
Publisher: Hammersmith Press
ISBN: 929068450X
Category : Reparations for historical injustices
Languages : en
Pages : 308

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Author: Borzu Sabahi
Publisher: OUP Oxford
ISBN: 019102158X
Category : Law
Languages : en
Pages : 280

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Book Description
This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Author: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : Confiscations
Languages : en
Pages : 64

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Book Description

Author: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : Confiscations
Languages : en
Pages : 64

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Book Description

Author: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : History
Languages : en
Pages : 164

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Book Description

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 0814799434
Category : History
Languages : en
Pages : 393

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Book Description
Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement. From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution. Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.

Author: United States Holocaust Memorial Museum
Publisher: Berghahn Books
ISBN: 9781845450823
Category : History
Languages : en
Pages : 314

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Book Description
The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.

Author: Scott Leckie
Publisher: Cambridge University Press
ISBN: 1139464094
Category : Political Science
Languages : en
Pages : 25

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Book Description
The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.

Author: Michael J. Bazyler
Publisher: Oxford University Press, USA
ISBN: 0190923067
Category : History
Languages : en
Pages : 569

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Book Description
The Nazis and their state-sponsored cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them and who often had been complicit in their persecution. While the return of Nazi-looted art has garnered the most media attention, and there have been well-publicized settlements involving stolen Swiss bank deposits and unpaid insurance policies, there is a larger piece of Holocaust injustice that has not been adequately dealt with: stolen land and buildings, much of which today still remain unrestituted. This book is about the less publicized area of post-Holocaust restitution involving immovable (real) property confiscated from European Jews and others during World War II. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of pre-war private, communal and heirless property stolen in the Holocaust. The outcome was the issuance by 47 states of the Terezin Declaration on Holocaust Era Assets and Related Issues, which aimed, among other things, to "rectify the consequences" of the wrongful property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyses how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration, issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI) to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.

Author: United States. Congress. Commission on Security and Cooperation in Europe
Publisher:
ISBN:
Category : Confiscations
Languages : en
Pages : 160

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Book Description