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| List of Abbreviations | |
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| Notes on Contributors | |
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| Introduction | |
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| Innovations to Speed Mass Claims: New Standards of Proof and Uses of Information Technology | |
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| The Concept of Mass Claims and the Specificity of Mass Claims Resolution | |
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| Introduction | |
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| The Concept of Mass Claims | |
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| The Objectives of Mass Claims Processes | |
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| Conclusion | |
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| Innovations to Speed Mass Claims: New Standards of Proof | |
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| Introduction | |
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| The Iran-United States Claims Tribunal | |
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| The United Nations Compensation Commission | |
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| The First Claims Resolution Tribunal for Dormant Accounts in Switzerland | |
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| The Second Claims Resolution Tribunal for Dormant Accounts in Switzerland | |
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| The International Organization for Migration Claims Programs: The German Forced Labor Program | |
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| The International Commission on Holocaust Era Insurance Claims | |
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| Conclusion | |
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| Virtue Out of Necessity: International Mass Claims and New Uses of Information Technology | |
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| Introduction | |
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| Benefits of Information Technology | |
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| Purposes Served by Information Technology | |
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| Facilitating Management of the Process | |
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| Computer-Aided Claims Processing | |
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| The "Grouping" Technique | |
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| Standardized Verification and Valuation | |
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| Lessons for Arbitration | |
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| Past and Current Mass Claims Processes: Lessons Learned | |
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| Mass Claims Processes: Lessons Learned Over Twenty-Five Years | |
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| Introduction | |
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| A Short History of Mass Claims Processes | |
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| The Iran-United States Claims Tribunal: Successes and Shortcomings | |
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| The United Nations Compensation Commission | |
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| Other Recent Mass Claims Institutions | |
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| The Swiss Bank Claims Institutions | |
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| Forced and Slave Labor Claims | |
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| Other Holocaust-Related Programs | |
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| Insurance Claims | |
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| Real Property Claims | |
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| More Recent Experiences | |
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| The Legacy: Accomplishments and Limitations | |
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| The Accomplishments | |
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| The Limitations | |
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| Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission | |
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| Introduction | |
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| The Work of the UNCC | |
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| The Establishment of the UNCC | |
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| The Mandate of the UNCC | |
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| The Number and Nature of Claims | |
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| The Categorization of Claims | |
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| The Development of an Evidentiary Standard | |
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| From "Simple Documentation" to "Sufficient Evidence"-Evidential Requirements for Categories "A" to "D" | |
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| Category "A" Claims | |
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| Category "B" Claims | |
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| Personal and Witness Statements | |
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| Proof of Death or Personal Injury | |
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| Proof of Causation | |
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| Category "C" Claims | |
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| The Development of Evidentiary Patterns | |
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| Proving Mental Pain and Anguish | |
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| Non-Party Medical Evidence | |
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| Property Claims | |
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| Loss of Earnings | |
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| Business Losses Suffered by Individuals | |
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| The Palestinian "Late Claims" | |
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| Category "D" Claims | |
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| The Use of Explanatory Statements | |
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| Non-Party Evidence | |
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| Conclusions | |
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| Innovations | |
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| Limitations | |
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| The Austrian General Settlement Fund: An Overview | |
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| Introduction: Establishment of the General Settlement Fund | |
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| Establishment of the General Settlement Fund | |
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| Overview of the Fund's Operations | |
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| Significance of Earlier Restitution Laws | |
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| Objectives | |
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| Two Procedure | |
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| Standards of Proof | |
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| Additional Evidence Uncovered by Research | |
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| Earlier Restitution Measures | |
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| Payments | |
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| Valuation of Seized Assets | |
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| Specific Issues with Regard to Eligibility | |
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| Testamentary Evidence | |
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| Co-heirs | |
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| Death of a Claimant | |
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| Conclusion | |
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| Processing Claims for "Other Personal Injury" Under the German Forced Labour Compensation Programme | |
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| Introduction | |
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| Background | |
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| Eligible Claims | |
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| Claims for Slave and Forced Labor | |
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| Claims for "Other Personal Injury" | |
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| Claims Rejected for Lack of Funds | |
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| Processing of Claims for "Other Personal Injury" | |
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| Medical Experiments | |
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| Claims for Forced Sterilizations | |
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| Claims for Blood Taking | |
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| Claims for Medical Experiments on Children | |
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| Kinderheim Claims | |
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| Polish/Ostarbeiterin Presumption | |
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| Lebensborn and Slovenian Kidnapped Children | |
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| Sisak Claims | |
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| Results and Appeals | |
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| Results | |
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| Appeals | |
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| Commentary | |
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| Conclusions | |
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| Layers of Review | |
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| Assistance with Appeals | |
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| Acknowledgment and Apology | |
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| Remembrance | |
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| The French Commission for the Compensation of Victims of Spoliation: A Critique | |
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| Introduction | |
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| Mandate of the Commission | |
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| Processing of Claims | |
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| A Conciliation Commission or an Arbitral Tribunal? | |
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| Conclusion | |
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| The United States Indian Claims Commission: A Remedy for Ancient Wrongs, A Source of New Wrongs | |
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| A Mass Claims Settlement Process for Native Americans | |
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| Native American Dispossession | |
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| Special Jurisdictional Acts Preceding the Indian Claims Commission | |
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| Creation of the Indian Claims Commission: Political Context and Legislative History | |
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| Functioning of the Indian Claims Commission: Significant Problems | |
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| Jurisdiction | |
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| The Commission | |
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| The Commission Becomes a Court | |
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| Equitable Claims | |
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| Effectiveness of the Indian Claims Commission: Need for Further Remedies | |
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| Effect on Unextinguished Aboriginal Native Title | |
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| Financing Tribal Representation | |
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| Undervaluation of Indian Claims | |
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| Due Process Deficiencies | |
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| The Western Shoshone Case: The Remedy for "Ancient Wrongs" Works a Brand New Injustice | |
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| Comparison to the September 11th Victim Compensation Fund | |
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| Conclusion | |
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| Litigating Mass Claims Involving Slavery and Jim Crow Under United States Law | |
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| Introduction | |
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| Forced Labor Litigation | |
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| Overview | |
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| Japanese Forced Labor Litigation | |
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| Nazi Forced Labor Litigation | |
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| Princz v. Federal Republic of Germany | |
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| In re Nazi Era Cases Against German Defendants Litigation | |
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| Japanese American Removal and Internment | |
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| Executive Order 9066 | |
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| Coram Nobis Lawsuits | |
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| Hohri v. United States I & II | |
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| Slave Redress Lawsuits: Public Actions | |
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| Overview | |
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| Johnson v. MacAdoo | |
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| Berry v. United States | |
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| Cato v. United States | |
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| Pigford v. Glickman | |
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| Alexander v. Oklahoma | |
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| Slave Redress Lawsuits: Private Actions | |
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| Overview | |
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| Synthesis of Cases | |
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| Innovative Legal Theories for Private Actions | |
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| Attacking the Excesses of Slavery | |
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| Frontal Attack on Slavery | |
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| Conclusion | |
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| Compensating the Families and Victims of September 11th: An Alternative to the American Tort System | |
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| Introduction | |
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| Lessons Learned | |
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| Efficiency | |
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| Transparency | |
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| Outreach | |
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| Due Process | |
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| Certainty | |
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| Implementation and Administration of the Fund | |
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| Outsourcing | |
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| Consistency in Awards | |
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| Valid Precedent or Response to Circumstances? | |
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| Reparations: Recourse to Justice | |
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| The Role of Civil Society Actors in Reparations Legislation | |
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| Introduction | |
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| The Growth of a Movement | |
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| The Broader Context | |
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| Case Study: Germany | |
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| Influence of Civil Society Groups | |
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| Involvement in Negotiation | |
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| Direct Assistance to Victims | |
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| Legal Strategies | |
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| Outreach | |
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| Civil Society Dynamics | |
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| Summary | |
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| Case Study: Argentina | |
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| Influence of Civil Society Groups | |
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| Legal Strategies | |
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| Access to Claims Procedures | |
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| Civil Society Dynamics | |
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| Summary | |
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| Case Study: South Africa | |
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| Influence of Civil Society Groups | |
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| First Phase: Before the End of the Apartheid Era | |
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| Second Phase: During the Operation of the Truth and Reconciliation Commission | |
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| Third Phase: Responses to the TRC's 1998 Final Report | |
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| Fourth Phase: Responses to Government Inaction | |
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| Civil Society Dynamics | |
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| Assessment | |
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| Strategies for Civil Society | |
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| Playing to Strengths | |
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| Lessons Learned | |
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| Conclusion | |
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| Compensation for Victims of Terrorism: The Council of Europe's 2005 Guidelines on the Protection of Victims of Terrorist Acts | |
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| Introduction | |
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| The 2002 Guidelines on Human Rights and the Fight Against Terrorism | |
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| Compensation for Victims of Terrorist Acts Under the 2002 Guidelines | |
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| Applicable Jurisprudence of the European Court of Human Rights | |
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| The 2005 Guidelines on the Protection of Victims of Terrorist Acts | |
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| The "Victim" | |
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| The International Criminal Court | |
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| Compensation for Victims of Terrorist Acts Under the 2005 Guidelines | |
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| Regional Responses | |
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| Conclusion | |
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| Codifying the Rights of Victims in International Law: Remedies and Reparation | |
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| Introduction | |
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| Crystallizing the Development of the Rights of Victims Under International Law | |
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| The Right to Reparation: Provisions on Effective Remedies and Adequate Reparations | |
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| Codifying the Norms on Reparation for Victims | |
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| The Principles and Guidelines | |
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| The Experts' Drafts and the Consultation Stage | |
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| The Final Version | |
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| The Scope of the Principles and Guidelines | |
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| Specific Provisions on Collective Reparation and Mass Claims | |
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| Conclusion | |
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| The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court | |
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| Introduction | |
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| The Rights of Victims | |
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| Background and Relevant Sources | |
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| UN Declaration for Victims of Crime and Basic Principles and Guidelines | |
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| International Criminal Tribunals | |
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| National Courts | |
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| Human Rights Treaties and Related Jurisprudence | |
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| Victims' Rights at the International Criminal Court | |
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| Definition of "Victim" | |
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| Conceptual Issues and the Range of Potential Participation by Victims | |
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| Reparation Provisions in the Rome Statute | |
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| Against Whom Can an Order for Reparations be Made? | |
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| The Beneficiaries | |
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| The Procedural Aspects of the Reparation Regime | |
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| The Trust Fund for Victims | |
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| Funding | |
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| Functions | |
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| The Trust Fund as an Instrument for the Court | |
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| The Trust Fund as an Independent Body | |
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| Conclusion | |
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| Appendix | |
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| Final Report of the Special Master of the September 11th Victim Compensation Fund, Vol 1 | |
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| Statute and Regulations | |
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| Statutory Framework | |
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| The Regulations | |
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| Implementing the Fund | |
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| Outreach | |
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| Process for Submission and Evaluation of Claims | |
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| Evaluation of Claims | |
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| Demographics of Deceased and Physical Injury Victims | |
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| Distribution | |
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| Confidentiality and Transparency | |
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| Coordination with Government and Private Entities | |
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| Administration of Program/Staffing/Costs | |
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| Observations and Lessons Learned | |