review of non overlapping claims in the FOURTHsecond group of overlapping claims

development of the FOURTHsecond group of overlapping claims

CRITERIA for determining the existence of overlapping claims

review of the FOURTH group of overlapping claims

The present report sets out the Panel's recommendations for a fourthsecond group of overlapping claims from resolved E4 instalments (the fourthsecond group of overlapping claims ).

The fourthsecond group of overlapping claims initially consisted of E4 claims related to 39seven category C claims and 24 category C and D claims.

The Panel reviewed the potentially overlapping claims in the fourthsecond group of overlapping claims as and when the information provided by the claimants permitted an initial determination to be made on the existence of overlap.

By contrast, in one set of potentially overlapping claims, the Panel reached the conclusion that the claims were overlapping, despite the individual claimant's assertion that his claim was mistakenly filed in the name of the E4 claimant.

Until recently, the overlapping claims on the 4.6 square kilometers were not a serious issue.

In addition, the searches identified 287 E4 claims in the remaining E4 instalments as potentially overlapping with 168 claims in category C and 203 claims in category D .

Therefore, before undertaking any review of the claims in the fourthsecond group of overlapping claims, and as stated in the preamble to decision 123, the Panel directed the secretariat to solicit additional information from the claimants in order to identify the extent and nature of the overlapping claims ( claim development ).

SECOND FOURTH SPECIAL REPORT AND RECOMMENDATIONS MADE BY THE MERGED E4 PANEL OF COMMISSIONERS CONCERNING OVERLAPPING CLAIMS

The searches identified 104 E4 claims with approved awards of compensation in the first seven instalments as potentially overlapping with 61 claims in category C and 70 claims in category D .

The Panel applied the approach to verification and valuation of overlapping claims that is set out paragraphs 38 42 of the Special report and recommendations made by the E4' and E4A' Panels of Commissioners concerning overlapping claims (S AC.26 2002 28).

In re examining these claims, the Panel notes the approach to the reconsideration of overlapping claims set out in paragraph 16 of the Special Overlap Report.

The overlapping claim is addressed in paragraph 164 and the 19 category C Palestinian late claims at paragraphs 165 170 below.

The majority of the claims in the fourthsecond group of overlapping claims were filed by an E4 claimant and an individual claimant who was a shareholder of the E4 claimant company.

Revised recommended awards for the fourthsecond group of overlapping claims second instalment reported by UNSEQ and UNCC claim number and claimant name 13

Revised recommended awards for the fourthsecond group of overlapping claims sixth instalment reported by UNSEQ and UNCC claim number and claimant name 19

Revised recommended awards for the fourthsecond group of overlapping claims tenth instalment reported by UNSEQ and UNCC claim number and claimant name 21

Revised recommended awards for the fourthsecond group of overlapping claims eighteenth instalment reported by UNSEQ and UNCC claim number and claimant name 23

The approach to verification and valuation of overlapping claims is set out in detail at paragraphs 38 42 of the Special Overlap Report.

The Panel applied the criteria for determining the existence of overlapping claims as set out in paragraphs 25 31 of the Special Overlap Report.

Given that the South China Sea disputes stem from overlapping claims to exclusive economic zones, not open ocean, the UN convention is not entirely relevant.

For example, cross checks and electronic and manual matching have been conducted in order to identify duplicate or overlapping or competing claims as mentioned above.

The Panel was mindful that the E4 claims in the second fourth group of overlapping claims had already been awarded compensation, and therefore gave priority to identifying those cases in which there was no actual overlap.

Overlapping claim

In some instances, there had been a relationship between the company and the individual claimant (for example, an employment relationship), but the businesses claimed were separate and distinct. As a consequence, these claims are not overlapping claims.

It was acknowledged that the Commission, like the International Court of Justice in the Barcelona Traction case, had the overall objective of avoiding situations of overlapping claims.

Notwithstanding the prior status of the awards as final, the Panel was required to re examine such E4 claims with reference to the potentially overlapping category C and category D claims, as a consequence of the direction contained in decision 123.

Four individual claimants that were identified as overlapping with four E4 claimants assert new or greater losses in respect of E4 claims and have provided evidence that reduced the risk of overstatement arising from evidentiary shortcomings in the E4 claims.

The Panel reviewed the overlapping claims together to determine which of the losses claimed by the category C claimant should be consolidated with the E4 claim for review.

These claims were reported in the Report and recommendations made by the Panel of Commissioners concerning the thirtieth instalment of E4' claims (S AC.26 2005 4) and the Fourth special report and recommendations made by the merged E4' Panel of Commissioners concerning overlapping claims (S AC.26 2005 5).

The E4 Panels have previously considered this type of loss in the context of stand alone claims in paragraph 80 of the Instalment Twenty Three (A) Report, and in the context of overlapping claims in paragraph 40 of the Special Overlap Report.

The Council also noted that it would be necessary for the draft regulations to include appropriate provisions consistent with the Convention and the Agreement for the resolution of overlapping claims.

You can see them overlapping.

This instalment also includes one category C overlapping claim filed under the Palestinian late claims programme that was reviewed by the Panel as the merged E4 Panel had concluded its work programme.

In three of the potentially overlapping claims, the Panel considers that the relationship was mistakenly identified based on the similarity between the E4 claimant's name and the individual's name and or business names.

A plain white map of the continent on a blue background symbolizes neutrality (Bartram was well aware of the overlapping territorial claims of the United Kingdom, Chile, and Argentina when he designed the flag).

The preamble to decision 123 requires the secretariat of the Commission to request information from claimants in categories C and D and subcategory E4 in order to identify the extent and nature of overlapping claims.

The E4 claimant Al Nuwaisib Building Requirement was originally considered in the eighteenth instalment of E4 claims where it had been considered as overlapping with a category C claim filed by a different individual claimant.

Rejecting this, Clinton proposed that the US help establish an international mechanism to mediate the overlapping claims of sovereignty between China, Taiwan, the Philippines, Vietnam, Indonesia, and Malaysia that now exist in the South China Sea.

Plastics have overlapping densities over a very narrow range.

The stepwise process includes five overlapping and iterative steps

Of the 19 claims, 18 were deferred for determinations in respect of stand alone, overlapping and competing business claim issues and for investigation of potential irregularities in the documentation provided by claimants in support of their asserted business losses.