Mass Claims in International Law

Abstract

International dispute resolution bodies increasingly face situations where a high number of claimants assert claims under international law. In the absence of sufficient resources for an individualized claims process, mass claims processes are the only way to provide justice in these situations. While various international mass claims mechanisms have been established in the past, they have not led to the emergence of a boilerplate precedent which could be used as a standard model for future mass claims mechanisms. The mass claims techniques that have been relied upon so far can, however, form the basis for future mass claims mechanisms, if tailored to the concrete needs at hand. Principles of economic analysis of law serve as an important analytical tool in that regard. Their application is subject to normative constraints.