Some delegations expressed support for the requirement to have appropriate financial security to cover claims for compensation as proposed in paragraph 3.

Mindful of this risk, the Panel has only recommended compensation for losses that are either personal to the claimant in this instalment or advanced on behalf of eligible family members or eligible business partners.

The Commission then advised these individual claimants to resubmit their claims for business losses on category D claim forms.

Iraq, therefore, argues that all claims for compensation for interim loss of non commercial environmental resources should be rejected.

REPORT AND RECOMMENDATIONS MADE BY THE D2 PANEL OF COMMISSIONERS CONCERNING PALESTINIAN INDIVIDUAL CLAIMS FOR DAMAGES

The D2 Panel of Commissioners is one of two Panels appointed to review individual claims for damages above 100,000 United States dollars (USD) (category D claims).

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

The background to these groups of claims is set out in the Report and recommendations made by the Panel of Commissioners concerning the first instalment of Palestinian late claims' for damages up to USD 100,000 (category C' claims) (S AC.26 2003 26).

After these transfers and additions, the claims remaining in the thirtieth instalment therefore relate to 25 claims for the losses of 24 companies and are hereinafter referred to as the claims in this instalment . They are set out in table 1 below.

In a number of instances, claimants appeared not to recognize the types of losses or amounts claimed in their claims or some of the documents provided in support of their claims.

See Report and recommendations made by the Panel of Commissioners concerning the sixth instalment of individual claims for damages above USD 100,000 (category D' claims) (S AC.26 2000 24) (the Sixth Instalment Report ).

With respect to the stand alone claims in this instalment, there is one occasion where more than one claim has been filed for the losses of the same company by the same individual claimant.

Three of the claims in this instalment include a claim for what the Panel considers to be the individual claimant's equity interest in a company.

See Report and recommendations made by the Panel of Commissioners concerning part one of the first instalment of individual claims for damages above US 100,000 (Category D' claims) (S AC.26 1998 1), paragraph 223.

For that reason, the Panel finds that claims for compensation for mental pain and anguish can only be brought by individuals who satisfy the criteria established by the Governing Council in its decision 3.

Iraq states that Kuwait's claim for loss of individual well being is inadmissible because it relates to losses suffered directly by individuals who could have submitted such claims to the Commission.

Three of the 605 detainee claims include D8 D9 (individual business) loss claims for losses sustained by Kuwaiti companies, of which the deceased detainees were shareholders.

Saudi Arabia notes that it did not claim the costs of restoration for these two items of damage in its claim No. 5000455, which was reviewed in the fourth F4 instalment.

Damage to natural resources without commercial value Some of the claims in the fifth F4 instalment are for compensation for losses in relation to natural resources alleged to have been damaged as a result of Iraq's invasion and occupation of Kuwait.

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

In this regard, the Panel notes that Iraq does not deny that claimants are entitled to claim compensation for the temporary loss of resources which have an economic value ( which are traded in the market ), such as fisheries and crops.

A significantly greater number of claimants in this instalment than in the regular category D claims programme filed for losses resulting from Iraq's criminalization of the use of the Kuwaiti dinars and the imposition of the Iraqi dinars as the official currency of Kuwait during the occupation period.

Both claimants claimed for their respective share of the joint venture's losses only.

Subject matter Equal treatment in relation to compensation for expropriation of property

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

While they currently seek compensation, they sought a remedy of restoration at an earlier point and of their own accord modified those pleadings to omit this aspect of remedy.

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

3. These measures should also include the requirement on the operator or, where appropriate, other person or entity, to establish and maintain financial security such as insurance, bonds or other financial guarantees to cover claims of compensation.

The secretariat has also used these electronic searches for duplicate claims in the Palestinian late claims programme, the Bedouin programme and the category A and C late claims programme.

The first involve an action for tort because the State allows the SGP to exist.

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.

As part of its claim for damage to shoreline resources, Kuwait also seeks monetary compensation for lost recreational opportunities.

With respect to D1 forced hiding, illegal detention and hostage taking claims, the Panel also noted that the incidence of loss was higher among the claimants in this instalment, although they claimed compensation for fewer days in instances of forced hiding and illegal detention.

The Panel reviewed approximately 100 claims for D1 (departure) losses and 80 claims for D1 (MPA) losses relating to forced hiding, illegal detention and hostage taking.

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 such an instance, the Panel has valued the company losses as a whole and, in this respect, confirms the application to the stand alone claims of paragraphs 39, 41 and 42 of the Special Overlap Report relating to the consolidation of losses from several claims for the loss of one company.

Approximately one quarter of the claimants in this instalment provided audited financial statements for some or all of the period between 1987 and 1993 in support of their claims for business losses, although under Kuwaiti law there was no legal requirement for individuals owning an unincorporated establishment to maintain audited accounts.

For the claims in the fifth F4 instalment, the Panel equally finds that Security Council resolution 687 (1991) and the relevant decisions of the Governing Council provide sufficient guidance for the review of the claims for compensation for loss of or damage to natural resources.

In connection with the claims by governments for loss of life and reduced quality of life of their nationals, Iraq asserts that the claims are inadmissible because the Claimants concerned lack legal standing to bring such claims before the Commission.

2.4 Between 1965 and 1976, the authors filed three claims for compensation with the Federal Compensation Office these were dismissed in 1965, 1971 and 1981, respectively, for lack of sufficient proof of their ownership of the shares.

In the third F4 report, the Panel noted that the primary sources of the law to be applied by the Panel in the review of claims for compensation are listed in article 31 of the Rules.

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

The Panel recalls that in its Sixth Instalment Report it identified three streams of claimants in order to address the varying circumstances of claimants, in particular the quality and quantity of business records available to support individual claims.

It is discouraging smoking. So now Philip Morris is demanding to be compensated for lost profits.

According to the Gender Equality Act an injured party may demand compensation for damage and termination of the harmful activity.