Hostname: page-component-7bb8b95d7b-dtkg6 Total loading time: 0 Render date: 2024-09-13T13:18:57.356Z Has data issue: false hasContentIssue false

United Nations Compensation Commission (UNCC) Governing Council: Report and Recommendations Made by the Panel of the Commissioners Concerning the Third Installment of “F4” Claims*

Published online by Cambridge University Press:  18 May 2017

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial and Similar Proceedings
Copyright
Copyright ©American Society of International Law 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

This document was reproduced and reformatted from the text appearing at the UNCC website (visited May 11, 2004) <http://www.unog.ch>

References

Endnotes

1 See paragraph 29 of the “Report and recommendations made by the Panel of Commissioners concerning the first instalment of ‘F4' claims”, S/AC.26/2001/16 (“first ‘F4’ report“). In the first “F4” report, the Panel recommended awards for monitoring and assessment projects to identify and evaluate damage or loss suffered as a result of Iraq's invasion and occupation of Kuwait. Some of these projects were intended to provide information to assist with the review of substantive claims by producing scientific and technical information about the nature and extent of environmental damage and potential remediation measures. Data produced by the following monitoring and assessment projects were transmitted to Iraq: claim Nos. 5000374,5000375,5000376, 5000433,5000434, 5000435, 5000409, 5000359, 5000363, 5000411.

2 “Report of Secretary-General pursuant to paragraph 19 of Security Council resolution 687 (1991)”, S/22559, paragraph 20.

3 “Report and recommendations made by the Panel of Commissioners concerning the second instalment of ‘F4’ claims”, S/AC.26/2002/26 (“second ‘F4’ report“), paragraph 22.

4 Paragraph 39.

5 Ibid.

6 Second “F4” report, paragraph 25.

7 First “F4” report, paragraphs 33-34; second “F4” report, paragraph 40.

8 Paragraphs 100-101.

9 Second “F4” report, paragraph 94.

10 The increase in claimed costs is based on information produced by monitoring and assessment projects that were funded by awards in the first instalment of “F4” claims for claim Nos. 5000374, 5000375 and 5000376 (see table 7 of first “F4” report).

11 The decrease in claimed costs is primarily due to Kuwait's decision to use less costly remediation techniques for tarcrete-affected areas and areas that need to be revegetated. This decision was based on information produced by monitoring and assessment projects that were funded by awards in the first instalment of “F4” claims for claim Nos. 5000433 and 5000434 (see table 7 of first “F4“ report).

12 As stated in paragraph 3, a portion of claim No. 5000451, relating to measures to remove sunken oil from the marine environment, has been deferred to the fourth “F4” instalment.

13 The decrease in claimed costs is primarily due to a reduction in Saudi Arabia's estimated volume of contaminated sediment to be excavated and treated by the high temperature thermal desorption process. The reduction in estimated sediment volume was primarily based on data collected as part of the monitoring and assessment programme which was funded by the award for claim No. 5000409 (the “shoreline survey“: see table 9 of first “F4” report), as well as modifications to the proposed remediation programme. Relevant information was produced by monitoring and assessment projects that were funded by awards in the first instalment of “F4” claims for claim Nos. 5000359, 5000363, 5000409 and 5000411 (see table 9 of first “F4” report).

14 The shoreline survey, funded by the award for claim No. 5000409.

15 See also paragraph 98 of second “F4” report.

16 See paragraph 548 of first “F4” report. As noted by the Panel, there is strong evidence in the scientific literature that unusually large quantities of oil entered Saudi Arabia's marine and coastal environment as a result of Iraq's invasion and occupation of Kuwait.

17 The increase in claimed costs is due to changes to the proposed remediation monitoring methodology, based on information from the monitoring and assessment programme which was funded by the award for claim No. 5000409 (see Table 9 of first “F4” report).