Dispute Systems Design: The United Nations Compensation Commission

Authors

Francis McGovern, Duke Law SchoolFollow

Document Type

Article

Publication Date

2009

Keywords

United Nations Compensation Commission, UNCC, damages, reparations, rough justice

Abstract

The Security Council of the United Nations established the United Nations Compensation Commission (“UNCC”) with its Resolution 687 on April 3, 1991.1 It was the first compensation system established under the authority of Chapter VII of the U.N. Charter and was designed to process and pay claims arising from the Iraqi invasion of Kuwait in 1990. The purpose of this paper is to examine the design of the UNCC from a variety of perspectives: its historical setting, the alternative design approaches that have been taken in other compensation contexts, the details of its design, and its role in the design of future claims resolution facilities. This paper also examines the extent to which concepts of legitimacy and rough justice conflict or reinforce each other in the context of the UNCC.

Citation

Francis McGovern, Dispute Systems Design: The United Nations Compensation Commission, 14 Harvard Negotiation Law Review 171-193 (2009)