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The Rules, Practice, and Jurisprudence of International Courts and Tribunals. Edited by Chiara Giorgetti. Leiden, Boston: Martinus Nijhoff Publishers, 2012. Pp. xxxii, 611. Index. $245, cloth; $69, paper.

Published online by Cambridge University Press:  20 January 2017

Ronald Bettauer*
Affiliation:
George Washington University Law School*

Abstract

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Type
Recent Books on International Law
Copyright
Copyright © American Society of International Law 2013

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References

1 See, e.g., George H. Aldrich, The Jurisprudence of the Iran-United States Tribunal (1996); Charles N. Brower & Jason D. Brueschke, The Iran-United States Claims Tribunal (1998). The Tribunal’s website, http://www.iusct.net, used to post an extensive bibliography, but that practice has been discontinued.

2 See, e.g., Appointing Authority Rejects U.S. Challenge to Iranian Arbitrators, Mealey’s Int’l Arb. Rep., July 2006, at 14.

3 see Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Comm’n v. Kadi (Eur. Ct. Justice July 18, 2013). Decisions of the Court and opinions of the advocates general are available online at http://curia.europa.eu.

4 United Nations Compensation Commission, Status of Processing and Payment of Claims (Apr. 25, 2013), at http://www.uncc.ch/status.htm.

5 see In re Holocaust Victim Assets Litigation, 105 F.Supp.2d 139 (E.D.N.Y. 2000).

6 If it was appropriate to include the CRT in the book, it is unclear why it was thought not appropriate to include other Holocaust compensation programs such as the German Foundation (see http://www.state.gov/www/regions/eur/holocaust/germanfound.html for relevant materials), which included various claims processes, including several administered by the International Organization for Migration (see http://www.iom.int/cms/en/sites/iom/home/news-and-views/news-releases/news-listing/iom-to-make-final-awards-to-nazi-victims.html) and the Austria claims committee (see http://www.en.nationalfonds.org/sites/dynamic8543.html?id=news20060526141015005).

7 See, e.g., Treaty for the Settlement of Disputes that May Occur Between the United States of America and Chile, U.S.-Chile, July 24, 1914, 39 Stat. 1645. The United States triggered the commission under this treaty in 1989 in connection with the Letelier dispute;

t was also considered in connection with the embargo that the United States imposed on Chilean grapes in 1989.

8 see Treaty Between the United States and Great Britain Relating to Boundary Waters Between the United States and Canada, U.S.-UK, Art. IX, Jan. 11, 1909,36 Stat.2448(under which the commissions submit reports on disputes to the governments). More information on the International Joint Commission is available online at http://www.ijc.org/en_.

9 see Convention to Avoid the Difficulties Occasioned by Reason of the Changes Which Take Place in the Beds of the Rio Grande and Colorado River, Art. VIII, Mar. 1, 1889, 26 Stat. 1512 (under which a decision is considered binding unless one of the two parties disapproves it). More information on the International Boundary and Water Commission is available online at http://www.ibwc.state.gov/home.html.

10 There is also a lively discussion in U.S. case Law about what constitutes an “International tribunal” in the context of 28 U.S.C. §1782, providing for U.S. court assistance to such tribunals. see Elliot E. Polebaum, Eugene N. Hansen & Helene Gogadze,Eleventh Circuit Court of Appeals Resolves a disputed Issue of Law– U.S. Discovery is Available in Private International Commercial Arbitration Proceedings, Mealey’s Int’l Arb. Rep., Jan. 2013, at 29; Gunjan Sharma, The Availability of Section 1782 Discovery for Use in Foreign Arbitrations: ASurvey of U.S. Court Decisions, Mealey’s Int’l Arb. Rep., Sept. 2012, at 18.