Hence, a claim for equity interests is generally duplicative of other asset losses already claimed.

The Panel recommends compensation in relation to the claim for loss of support and MPA.

Iraq further states that the claim for loss of well being is merely theoretical.

The total amount of compensation sought is USD 613,814,608, comprising USD 574,200,000 for damage to aquatic biota, USD 16,599,464 for damage to shoreline resources and USD 23,015,144 for lost recreational opportunities.

Claim 5000183 is for expenses and other losses related to public health damage.

If a polluter harms others, those who are harmed normally have a legal remedy.

Accordingly, the Panel recommends compensation in the amount of USD 46,113,706 for this claim unit.

Claim No. 5000462 is for damage to cultural heritage resources claim No. 5000467 is for damage to livestock resources and claim No. 5000303 is for public health damage.

Recall that victims of torture have a right to sue for compensation, including civil compensation, which can be based upon universal jurisdiction.

The Panel finds that the claimant has failed to prove his claim for business losses and recommends no award of compensation.

5. States should guarantee appropriate access to information relevant for the pursuance of remedies, including claims for compensation.

The Committee welcomes the draft National Plan on Justice, Peace and Security as an important step in providing victims of violent crime with the right to claim compensation.

The fourth claim unit is for damage to or depletion of marine resources in Iran caused by The oil spills in the Persian Gulf and Pollutants from the oil well fires.

However, where a claimant confirms that the claim is only for his or her equity interest in the company, and does not tie the equity claim to any specific asset lost as a result of Iraq's invasion and occupation of Kuwait, the Panel considers that generally such a claim is not compensable.

The E4 Panel recommended compensation for loss of tangible property, but not for loss of stock, when it reviewed the claim.

Recall that victims of torture have a right to sue for compensation, including civil compensation, which can be based upon universal jurisdiction.

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.

The third claim unit is for damage to cultural heritage resources in Iran caused by contamination from the oil well fires.

Iraq reiterates its view that failure by a claimant to take reasonable and timely measures to mitigate damage from the invasion and occupation amounts to contributory negligence and justifies rejection of the claim for compensation, or a corresponding reduction in the compensation to be awarded.

The fact that the licence holder did not file a claim for the business tended to confirm an assertion by a non Kuwaiti claimant that he or she was the beneficial owner of the business.

The loss of support claim in relation to the claimant's wife was valued on the basis of a letter from her employer confirming her employment as an administrative manager as at the date of the invasion and her salary of KWD 400 per month.

In the light of these irregularities, the Panel finds that the claimant has failed to prove his claim for business losses and recommends no award of compensation.

Third States which suffered consequential damage should be entitled not only to claim compensation but also to demand the elaboration of such conditions and criteria and of methods of preventing or minimizing the adverse effects caused by sanctions.

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.

In support of his claim for D3 (death) losses, the claimant provided death certificates for his wife and daughter confirming that their deaths were caused by a missile attack on 9 February 1991.

Iran has neither fully explained the nature of the losses nor distinguished them from other similar losses for which it claims compensation in other claim units of this claim or in its other claims.

The second claim unit is for damage to or depletion of terrestrial and agricultural resources in Iran caused by contamination from the oil well fires in Kuwait.

In the claim under review, where the claimant was not located in the compensable area and did not have a presence in the compensable area, the Panel finds that the claimant has not provided sufficient evidence to demonstrate a previous business practice or course of dealing with parties located within the compensable area and, therefore, no compensation is recommended.

For example, in UNCC claim No. 3011313 the claimant supported his claim for business losses with audited financial statements for the fiscal year 1990 with an audit certificate dated 25 March 1991.

Claim No. 5000460 is for compensation for damage to or depletion of terrestrial, marine and groundwater resources, including the expenses of compensatory projects proposed to address the damage or depletion.

Furthermore, the ability of the victims to seek compensation from an international judicial body is a precedent in the history of international justice. Previously, a victim would be able to make claims only before national courts or through non judicial collective settlements that entailed a loss of rights.

In support of his claim for D2 (personal injury) losses, the claimant provided medical reports evidencing that he and his two children suffered injuries as a result of a missile attack during Iraq's invasion and occupation of Kuwait.

The claim unit reviewed in this report is for compensation for the loss incurred as a result of the damage to subtidal habitats until they recover to pre invasion conditions.

Claim No. 5000304 is for compensation for damage to or depletion of Jordan's groundwater resources, terrestrial resources, agricultural resources, wetlands and marine resources as a result of the influx of refugees following Iraq's invasion and occupation of Kuwait.

The claim for damage to marine mammal resources is based on information from the published literature, which provides counts of animals killed from late February through mid April 1991.

The first claim unit is for a decrease in fish catches the second claim unit is for a decrease in catches in the Bushehr shrimp fishery the third claim unit is for expenses incurred as a result of the delay in a project with FAO and the United Nations Development Programme ( UNDP ) and the fourth claim unit is for long term damage to the marine environment and fisheries.

The second claim unit is for non pecuniary damages for mental pain and suffering by the victims of domestic crime and the Jordanian population in general as a result of the increase in the crime rate due to the presence of the large numbers of refugees in the country.

Consequently, with regard to the claim for damage to areas other than the core and peripheral areas, the Panel finds that Saudi Arabia has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, loss or depletion of, or danger to, their natural resources, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides

The Panel is, therefore, unable to determine whether, and if so to what extent, this part of the claim unit duplicates Iran's claim for overtime and other payments to staff who worked at the refugee camps referred to in paragraph 258 below.

The individual claimant whose claim had been identified as potentially overlapping with the E4 claim provided additional evidence and claimed for losses in addition to those losses claimed by the E4 claimant.

4. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, loss or depletion of, or danger to, their natural resources, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides

The first claim unit is for damage to or depletion of terrestrial resources in Iran caused by the presence of refugees who departed from Iraq or Kuwait during the period 2 August 1990 to 2 March 1991.

Iraq adds that the claim for damage to Jordan's captive breeding programme for endangered species is also based on a theoretical assumption of the numbers of animals that would have been released but for the invasion and occupation of Kuwait.

Sixth claim unit Claim preparation costs Iran seeks compensation in the amount of USD 4,500,000 for administrative, technical and legal expenses of the preparation of this claim.