
Contents
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A. Establishment of the Commission A. Establishment of the Commission
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1. Appointment and Challenge of Arbitrators 1. Appointment and Challenge of Arbitrators
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2. Initial Meetings, Adoption of the Rules of Procedure, and Timetable 2. Initial Meetings, Adoption of the Rules of Procedure, and Timetable
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B. Rules of Procedure B. Rules of Procedure
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1. General Rules 1. General Rules
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2. Individual-Injury Versus Mass-Injury Claims 2. Individual-Injury Versus Mass-Injury Claims
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C. Cross-Cutting Decisions C. Cross-Cutting Decisions
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1. Commission’s Jurisdiction 1. Commission’s Jurisdiction
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a. Interpretive Jurisdiction Only Concerning Article 5 a. Interpretive Jurisdiction Only Concerning Article 5
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b. Temporal Jurisdiction b. Temporal Jurisdiction
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c. Jurisdiction Only Over Timely Filed Claims c. Jurisdiction Only Over Timely Filed Claims
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d. Claims Filed on Behalf of Nationals/Dual Nationals/Non-Nationals d. Claims Filed on Behalf of Nationals/Dual Nationals/Non-Nationals
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2. Applicable Law 2. Applicable Law
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a. International Humanitarian Law a. International Humanitarian Law
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i. 1907 Hague Regulations i. 1907 Hague Regulations
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ii. 1949 Geneva Conventions ii. 1949 Geneva Conventions
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iii. Protocol I to the Geneva Conventions iii. Protocol I to the Geneva Conventions
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iv. Convention on Conventional Weapons and Other Related Treaties iv. Convention on Conventional Weapons and Other Related Treaties
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b. Human Rights Law b. Human Rights Law
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c. Bilateral Agreements c. Bilateral Agreements
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d. General Principles of Law d. General Principles of Law
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e. Judicial and Arbitral Decisions e. Judicial and Arbitral Decisions
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f. National Laws f. National Laws
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g. Writings of Highly Qualified Publicists g. Writings of Highly Qualified Publicists
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3. Evidentiary Issues 3. Evidentiary Issues
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a. Burden of Proof a. Burden of Proof
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b. Standard of Proof b. Standard of Proof
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c. Types of Evidence Found Probative c. Types of Evidence Found Probative
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i. Witness and Expert Testimony i. Witness and Expert Testimony
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ii. Signed Declarations ii. Signed Declarations
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iii. Claims Forms iii. Claims Forms
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iv. Documentary Evidence iv. Documentary Evidence
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v. Documents by Nongovernmental Organizations v. Documents by Nongovernmental Organizations
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d. Organization of Claims d. Organization of Claims
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D. Types of Relief D. Types of Relief
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1. Monetary Compensation 1. Monetary Compensation
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2. Satisfaction 2. Satisfaction
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3. Restitution 3. Restitution
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E. Requests for Interpretation E. Requests for Interpretation
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F. Damages F. Damages
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G. Arbitrators G. Arbitrators
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H. Counsel for the Governments H. Counsel for the Governments
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I. Conclusion I. Conclusion
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III Establishment of The Claims Commission: Procedures, Jurisdiction, and Applicable Law
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Published:April 2013
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Extract
Article 5 of the December 2000 Algiers Agreement between Eritrea and Ethiopia established the Eritrea-Ethiopia Claims Commission. This chapter addresses a wide range of issues concerning the establishment and operation of the commission, including the commission’s rules of procedure, jurisdiction, identification and application of various sources of law, approach to evidence, organization of claims, types of relief, and background information on the arbitrators and counsel for the parties.
Establishment of the Commission
As discussed in Chapter I, the December 2000 Algiers Agreement aimed not only at the permanent termination of military hostilities between Eritrea and Ethiopia, but also the establishment of three institutions, one of which was the Claims Commission. The commission’s mandate was “to decide through binding arbitration all claims for loss, damage or injury by one Government against the other, and by nationals (including both natural and juridical persons) of one party against the Government of the other party or entities owned or controlled by the other party….”1
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