Study on the New Roles of International Law in Dealing with International Conflicts and Claims

我们深入研究了以下三个主题：(1)最近的大规模索赔解决制度，包括联合国赔偿委员会、伊朗-美国索赔法庭、不动产委员会(在波斯尼亚和黑塞哥维那)；(2)遵守国际法院判决和仲裁裁决的真实情况；(3)国家责任所载赔偿规则的有效性。主要结论如下。至于第一个问题，这些专责机构在每宗个案中都能有效地解决索偿问题。预期联合国将设立一个一般性机构来处理今后的索赔，或至少在联合国卷入冲突时设立特设机构。关于第二点，我们不仅要注意不遵守判决的情况，还要注意败诉国的国家意见，因为后者可能使冲突恶化或复杂化。关于第三点，尽管每一本教科书都指出，国际不法行为产生赔偿义务，但在现实中，承认责任和赔偿的情况很少。

We studied in depth the following three subjects: (1) recent mass claims settlement systems including the United Nations Compensation Committee, the Iran-United States Claims Tribunal, the Commission for Real Property (in Bosnia and Herzegovina), (2) the real situation concerning compliance with the ICJ judgments and arbitral awards, (3) effectiveness of the reparation rule contained in State responsibility. The conclusions are as follows. As to the first subject, these ad hoc institutions are effective in settling claims in each case. It is expected that the United Nations establish a general body in dealing with future claims or at least establish ad hoc bodies whenever the UN is involved in the conflict. As to the second point, we have to take care not only the non-compliance with the judgment but also the national opinion of the losing State, as the latter might worsen or complicate the conflict. As to the third point, although every textbook states that an internationally wrongful act gives rise to the obligation of reparation, in reality, the admission of responsibility and reparation is rare.