To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
When after lengthy adjudication reparations eventually materialise in the locations where the atrocities occurred, survivors’ responses to such reparations vary greatly. Such responses may include relief and celebration, but reparations are just as likely to be met with confusion, contestation and/or rejection. The practices that determine how reparations are conceived significantly influence the responses that victims and others in society develop regarding such reparations. Behind these questions is the dynamic interrelationship between what courts have to offer and what victims accept as reparations. This chapter explores this conundrum by way of three concrete reparative measures considered or implemented in the context of the ECCC’s reparations mandate. In juxtaposing measures that were granted by ECCC judges as reparations and those that were rejected, the chapter shows some of the effects of courts’ practices on the meaning of reparations.
In protecting the marine environment from vessel-source oil pollution, compensation for victims of damage is of great importance. International conventions regarding compensation for such damage have been adopted under the auspices of the International Maritime Organization. This article analyses the extent to which South Africa has implemented the provisions of these international conventions into its domestic laws and identifies issues that remain in the South African legal system. The article reveals that, although South Africa has improved its legal system for compensation for damage from vessel-source oil pollution, claimants in respect of damage from large vessel-source persistent oil pollution and vessel-source bunker oil pollution are still not adequately compensated. This article finds that acceding to the 1996 Limitation of Liability for Maritime Claims, the 2001 Bunker Convention and the 2003 Supplementary Fund Protocol would be of great interest and benefit to South Africa.
Chapter 6 is an analysis of human–elephant conflict in Northern Botswana. Here, autonomy has a very different role in the making of the conflict, as the autonomy that is given priority is the autonomy of people outside of direct contact with elephants and often outside of the country and continent itself. The chapter demonstrates that the promotion of autonomy between people is not equal and is interrelated with other dominations involving race, gender, culture and status. In Botswana, this means that responses to human–elephant conflict are often dictated by people who do not have any direct experience with the conflict and do not have to bear the everyday cost of living with conflict. A cursory analysis of these responses suggests that there has been an attempt to build resilience to vulnerability, as the state has implemented measures that are prima facie consistent with a vulnerability approach. However, the case study shows that even genuine resilience measures can be ineffective when there is a lack of collaboration in their design and implementation and when the money and power is held elsewhere.
Chapter 8 explains a process that is unique to the multilateral safeguard mechanism and that is sometimes misunderstood: the process of rebalancing. The chapter examines the conceptual questions that arise with the general notion of rebalancing as relating to a negotiation-derived consequence. It notes that the obligation of maintaining the balance of concessions informs the whole rebalancing exercise, in particular the consultations under Articles 8.1 and 12.3, the consideration of the means of compensation, and the notion of the withdrawal of substantially equivalent concessions and other obligations under the GATT 1994. The Chapter also explains the temporary suspension of the right to take rebalancing action under Article 8.2, and the natural tension that exists between the mandates of this provision and the conduct of dispute settlement proceedings under the DSU.
This chapter summarizies the behavioral strategies related to the balance life. These involve principles related to satisfaction limits, full spectrum of needs, diminishing satisfaction, positive spillover, segmentation, compensation, role conflict, role enrichment.
The Arab claim is that the Palestinian refugees were illegally expelled by Israel or fled from fear of illegal Israeli actions. The Israeli position is that the refugees fled because they were caught in an armed conflict caused by the aggression of Arab armed attempts to prevent the creation of a Jewish state. As to a “right of return,” the Arab position is that such a right exists in international law, and although many refugees may not wish to return, they have the right to do so. The Israel legal position under international law as being that neither under the general international conventions, nor under the major UN resolutions, nor under the relevant agreements between the parties, do the Palestinian refugees have a right to return to Israel. There does not appear to be any legal precedent or the claim that descendants of refugees also have a right of return. In accordance with international law, the refugees are entitled to be compensated for property they left in Israel. The Jews who fled Arab States are also entitled to such compensation; Israel’s position is that such mutual claims will have to be negotiated in a multilateral forum.
It has been over a decade since the Employees’ Compensation Act (ECA) came into force, introducing, for the first time under Nigeria's employees’ compensation scheme, mental stress as a basis for compensation. However, legal literature on salient aspects of Nigerian employees’ compensation remains scant. This article seeks to bridge this gap and provide a source of legal scholarship to aid the adjudication of mental stress claims in Nigeria. The article discusses when and how work-related mental stress is compensable within the context of the ECA. It finds that, notwithstanding the subjective nature of mental stress and the possibility of feigning mental injury, the ECA establishes broad bases for compensating mental stress, increasing the risk that employees may manipulate the system and obtain benefits even when mental stress is not work-related. The article therefore articulates criteria to defeat fraudulent claims and ensure that only legitimate mental stress claims are compensated.
The purpose of this study was to assess impact of different volumes of exercise as well as cumulative moderate to vigorous physical activity (MVPA) on energy intake (EI) and diet quality, as assessed by the Healthy Eating Index-2010(HEI-2010), across a 12-month weight maintenance intervention. Participants were asked to attend group behavioural sessions, eat a diet designed for weight maintenance and exercise either 150, 225 or 300 min/week. Dietary intake was assessed by 3-d food records, and MVPA was assessed by accelerometry. Two hundred and twenty-four participants (42·5 years of age, 82 % female) provided valid dietary data for at least one time point. There was no evidence of group differences in EI, total HEI-2010 score or any of the HEI-2010 component scores (all P > 0·05). After adjusting for age, sex, time, group and group-by-time interactions, there was an effect of cumulative MVPA on EI (1·08, P = 0·04), total HEI-2010 scores (–0·02, P = 0·003), Na (–0·006, P = 0·002) and empty energy scores (–0·007, P = 0·004. There was evidence of a small relationship between cumulative daily EI and weight (β: 0·00187, 95 % CI 0·001, P = 0·003). However, there was no evidence for a relationship between HEI total score (β: −0·006, 95 % CI 0·07, 0·06) or component scores (all P > 0·05) and change in weight across time. The results of this study suggest that increased cumulative MVPA is associated with clinically insignificant increases in EI and decreases in HEI.
Vaccines have continued to play a crucial global role in preventing infectious diseases in the twenty-first century. The Covid-19 pandemic has underlined their importance, with vaccines seen as the best way to protect the public from coronavirus. A longstanding problem of governments has been the extent to which they should assume responsibility for the compensation of those injured by vaccines. This paper reappraises the vaccine damage schemes currently available in the US and UK in the light of the Covid-19 pandemic. It argues that any improvements to both US and UK schemes should be included in a revised national vaccine policy which takes into consideration their respective long-term national vaccine strategies to prepare for future pandemics. It supports the adoption of a UK-wide National Vaccine Injury Compensation Programme, similar to the one in the US, to be administered by the Secretary of State for Health and Social Care. To balance the need for rigorous criteria to determine causation with the need for fairness, the programme should adopt the US practice of allowing negotiated settlements between parties in circumstances where review of the evidence has not concluded that the vaccine(s) caused the alleged injury but there are close calls concerning causation.
This chapter discusses the remedies that are available under WTO law. It explains that the preferred solution to a dispute is a mutually agreed solution. If this is not possible, and the defending party does not implement any adverse rulings, the defending party may offer compensation (in the form of equivalent trade concessions). The last and least desirable option is retaliation, or the suspension of concessions. The chapter explains the procedures for each of these possible remedies, with a particular focus on the arbitration under Article 22.6 of the DSU of the amount of retaliation proposed by the complaining party. The chapter also discusses the “sequencing” problem arising out of the deadlines to request the right to retaliate in the DSU. Finally, the chapter discusses the special rules governing disputes over subsidies and the role played by suggestions by the panel and Appellate Body on implementation.
Chapter 5 explores the nature of international economic obligations. It suggests that remedies in international economic regimes have a restorative rather than punitive purpose. It is argued that attribution of breach may not be relevant, or that relevant, in the international economic law context. This study posits that what international courts and tribunals ask is not who is responsible for a breach but rather who is best placed to bear responsibility. In international economic law, shared responsibility typically raises the question of the proper respondent(s).
This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policy makers were in favor of its implementation. Since that time, as previous Chapters have made clear, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in Administrations. Fortunately, the other eleven parties to the TPP persevered, resulting in the Comprehensive and Progressive TPP.
Intentional vehicular assaults on civilians have become more frequent worldwide, with some resulting in mass casualties, injuries, and traumatized witnesses. Health care costs associated with these vehicular assaults usually fall to compensation agencies. There is, however, little guidance around how compensation agencies should respond to mental and physical injury claims arising from large-scale transport incidents.
A Delphi review methodology was used to establish expert consensus recommendations on the major components of “no fault” injury claim processes for mental and physical injury.
Thirty-three international experts participated in a 3-round online survey to rate their agreement on key statements generated from the literature. Consensus was achieved for 45 of 60 (75%) statements, which were synthesized into 36 recommendations falling within the domains of (1) facilitating claims, (2) eligibility rules, (3) payments and benefits for clients, (4) claims management procedures, (5) making and explaining decisions, (6) support and information resources for clients, (7) managing scheme staff and organizational response, (8) clients with special circumstances, and (9) scheme values and integrity.
The recommendations present an opportunity for agencies to review their existing claims management systems and procedures. They also provide the basis for the development of best practice guidelines, which may be adapted for application to compensation schemes in different contexts worldwide.
The chapter concentrates on two late medieval archives. The first preserves “act-books” or logs of daily court activity and annual fiscal information from the archdeaconry of Xanten on the Lower Rhine. The second keeps registers of sentences and the dossiers of complete suits or “cause papers” assembled by the bishop’s tribunal of Basel in Switzerland. Their examination establishes what Christians from both regions expected canonical adjudication to deliver in disputes over the validity of marriages. The ordinary judges of Basel and Xanten were heavily involved in inquests that did not exceed preliminaries from a legal standpoint. Decisions emanating from their activities found with greatest frequency that a supposed spousal union failed to rise to the level of lawful proof. Many of the defeated plaintiffs at Xanten were ready to take advantage of the outcome by bringing another suit in the same venue. Women who lost their claim to a spouse often returned to sue the winner for alimony, bridal money, or to compensate for the loss of their virginity.
This chapter discusses the development of negative and positive human rights obligations under international human rights law (IHRL) and their applicability to hostage-taking. It is shown that the development of IHRL can be fundamental for the protection of the human rights of hostages, filling in the gaps left by jurisdiction in international law and state responsibility, as states have a duty to protect the human rights of hostages by adopting all possible measures to prevent hostage-taking; taking action to end the violations that hostages suffer at the hands of their abductors; investigating a hostage incident and rescue operation; and compensating the victims. Chapter 5 also discusses the jurisdictional limitations of the human rights framework which sit uncomfortably in the transboundary nature of hostage-taking. The second part of the chapter therefore reassesses the human rights obligations of states which operate beyond their borders in order to release hostages.
Chapter 6 will move the discussion from what obligations states have under IHRL to how states have to act in order to fulfil these obligations in practice. This chapter tests state practice against the human rights framework in order to evaluate whether states comply with their human rights obligations when they deal with hostage-taking. By drawing on a wide range of practice by states which have experienced terrorist attacks over the years as well as counter-piracy measures adopted by various states, this chapter seeks to improve our understanding of what states do in response to hostage-taking and how they can better incorporate the needs of hostages in their responses.
After surveying how a capitalist culture and corresponding associationism expanded throughout the Pacific lowlands in the 1840s, Chapter 6 chronicles a final abolitionist movement in Colombia leading in the early 1850s to a final abolition law that compensated slaveholders. This chapter offers the first in-depth study of compensation in Colombia and Chocó specifically, a befuddling bureaucratic process for both lowland officials and ex-masters. Notwithstanding administrative challenges, former slaveholders in the lowlands circulated the government-sponsored “manumission bills” well into the 1850s, whether to pay off their private debts or fortify their descendants’ wealth via their last will and testament. These haunting records lay bare the immediate financial afterlife of slavery in the Colombian Pacific, revealing how enslaved lowlanders’ “paper bodies” continued to fuel the postslavery economy. Finally, the chapter examines the lowlands’ contending postslavery racial geographies and economies into the 1850s. Frontier authorities and former slaveholders sought to retain gradual emancipation rule and devised new methods of social control but had little success implementing such measures in the historically autonomous Colombian Pacific. On the coastal frontier, a social universe daily managed by independent black bogas and gold miners, the principal challenge for white rulers after emancipation was black autonomy.
The Epilogue traces the decline of US survivors’ civil rights activism in the US and the increased trans-Pacific collaboration among American, Korean, Japanese survivors aimed at obtaining compensation from the Japanese government. This development, based on the era‘s notion of human rights, was shaped by the precedents set by Korean survivors. By the turn of the twenty-first century, Korean survivors successfully sued the Japanese government for its failure to treat Korean survivors fairly. As victims of the Japanese wartime empire, Koreans carried more leverage than Americans when they confronted the Japanese government. Japanese survivors, too, urged their government to extend benefits to non-Japanese survivors. As more survivors came together, both the US and Japanese governments exhibited a tenacious refusal to recognize the bombs‘ human cost. Ultimately, US survivors’ history shows how nation-states’ failure to grasp the nuclear injury continues to shape historical understanding, suppressing along the way the voices of people who have long been bridging the nations. Built on this failure is the misguided policy of nuclear buildup in the name of national security.
Chapter 9 examines environmental torts with a focus on the special rules and doctrines developed since the 1980s and under the Tort Law (2009) and relevant judicial interpretations of the SPC. Although most pollution-triggered disputes are resolved by mediation, courts offer the crucially important last resort for China’s most aggrieved and stubborn victims of pollution to seek remedies. Their efforts in seeking access to justice have helped shaping and reforming the rules and practice of environmental tort law to address the difficulties in the collection of evidence, assessment of damage, case acceptance by court, and enforcement of judgment. The chapter starts with exploration of the long journey to establish the rule of no-fault liability as an exception to the conventional fault-based liability by both judicial interpretation and legislation. It then examines the causal link between defendant’s acts and plaintiff’s loss or injury and the rule on the shift of burden of proof from plaintiff to defendant. As environmental torts often involve multiple tortfeasors and large number of victims, the chapter further investigates forms of liability among multiple tortfeasors, class action and remedies. It concludes with discussion of judicial mediation as a preferred option for settling disputes in court.