C. Legal challenges to the sanctions

C. Legal challenges to the sanctions

Will views about the prosecution still change?

There were people, especially in Northern Europe that were beginning to question the church and its authority.

As a result of this settlement, all claims in this matter were withdrawn.

For example, China began pressing territorial claims in the South China Sea, as well as escalating a longstanding border dispute with India.

(a) suing or being sued and

Ask again there. How many ration coupons is that!

But a similar critique could be made of any other change in policy if it is poorly designed, it will be counter productive.

Claim No. 5000463 is for damage to or depletion of other resources and Claim 5000219 relates to damage to public health.

Recommendations for any needed programme modifications should be included as a part of all audit reports.

The other claim did not contain the claimant's affirmation concerning the losses claimed although the claimant was given an opportunity to remedy this formal deficiency.

In view of these irregularities, and in the absence of an acceptable explanation from the claimant for the audit date on the 1990 accounts, the Panel considers that there is a fundamental risk that the evidence provided to support this claim is unreliable.

Although, in principle, both printed and electronic forms of licence applications are foreseen by Commission Regulation 752 93, the vast majority of Member States only accept printed versions.

Oral proceedings were held at the Palais des Nations in Geneva on 14 and 15 September 2004.

Representatives and experts of each of the Claimants and Iraq attended the oral proceedings and presented their views.

LEGAL FRAMEWORK Mandate of the Panel The mandate of the Panel is to review the F4 claims and, where appropriate, recommend compensation.

In discharging its mandate, the Panel has borne in mind the observations of the Secretary General of the United Nations, in his report to the Security Council of 2 May 1991, that

It is only in this last respect that a quasi judicial function may be involved.

It will be the function of the Commissioners to provide this element. Applicable law Article 31 of the Rules sets out the applicable law for the review of claims, as follows

1) provides guidance regarding the losses or expenses that may be considered as direct loss, damage, or injury resulting from Iraq's invasion and occupation of Kuwait in accordance with paragraph 16 of Security Council resolution 687 (1991).

Article 35(1) also provides that it is for each panel to determine the admissibility, relevance, materiality and weight of any documents and other evidence submitted .

Article 35(3) of the Rules provides that category F claims must be supported by documentary and other appropriate evidence sufficient to demonstrate the circumstances and amount of the claimed loss .

In addition, Governing Council decision 46 (S AC.26 Dec.46 (1998)) states that, for category F claims, no loss shall be compensated by the Commission solely on the basis of an explanatory statement provided by the claimant .

When recommending compensation for damage or loss that has been found to be a direct result of Iraq's invasion and occupation of Kuwait, the Panel has in every case assured itself that the applicable evidentiary requirements regarding the circumstances and amount of the damage or loss claimed have been satisfied.

Some of these issues were raised by Iraq in its written responses or in submissions during the oral proceedings and were commented upon by the Claimants during the oral proceedings.

Amendment of claims Some Claimants proposed amendments to some of their claims in the fifth F4 instalment, which they stated were based on the results of monitoring and assessment activities.

In some cases, the amendments increase the compensation claimed and in others, the amendments decrease the compensation claimed.

The Panel reviewed each proposed amendment to ensure that it did not constitute a new claim filed after the appropriate deadlines.

Accordingly, the Panel accepted proposed amendments where it was satisfied that they were based on the results of monitoring and assessment activities.

In some cases, Claimants proposed amendments which were not based on information obtained from monitoring and assessment activities.

Where such amendments were received after the expiry of the deadline for the receipt of unsolicited information, the Panel accepted them only if they decreased the claimed amounts.

It alleges that some of the damage resulted from other factors that existed before and after the invasion and occupation of Kuwait.

First claim unit Treatment of injuries from mines and ordnance Kuwait seeks compensation in the amount of USD 2,385,617 for expenses incurred to treat individuals injured by explosions of mines and ordnance.

Do you want to know why the victim does not want to pursue the case?

With respect to the claim for receivables, the Panel finds that the evidence adduced by the claimant in support of this component of the claim is insufficient to demonstrate the circumstances and quantum of any loss.

He emphasized, lastly, that if Member States did not give the Organization the resources to carry out the tasks it wished performed they could hardly complain about the adequacies of its performance.

What do you mean?

The Palestinian individual claimant whose claim had been identified as potentially overlapping with the E4 claim has provided evidence to support the claim for loss of stock.

Just as importantly, the country isn't bogged down by the insane level of soccer fervour that has seemed to stymie other governments from calling out FIFA on its manner of doing business.

Rights of suit and Time for suit

Recommended award for category F claim

Iraq also provided comments on this claim.

Iraq contends that Iran has failed to meet the evidentiary standard required to establish this claim.

The Panel, therefore, concludes that the evidence presented does not demonstrate that Jordan's population was deprived of water as a result of the presence of the refugees.