Article 17 octies Costs and damages

(e) Costs required for legal or expert assistance, medicine and medical services, and psychological and social services.

In the view of the Panel, such a preserve is feasible, cost effective and poses a low risk of adverse impacts.

The Panel finds that a coastal preserve would provide appropriate compensation for the loss of shoreline resources resulting from Iraq's invasion and occupation of Kuwait.

The claims in the fifth F4 instalment are for compensation for damage to or depletion of natural resources, including cultural heritage resources measures to clean and restore damaged environment and damage to public health. The claims relate to damage resulting from, inter alia

Damage to public health The claims in the fifth F4 instalment include claims by governments for losses or expenses resulting from damage to public health, in terms of adverse health effects on specific categories of residents of the claimant countries or on the general population.

(c) Transfer to the injured person any compensation obtained for the injury from the responsible State subject to any reasonable deductions.

The paragraphs in question undermined long standing agreement concerning the financing of peacekeeping operations.

2. Injury includes any damage, whether material or moral, caused by the internationally wrongful act of a State.

In this regard, the Panel stresses that its findings regarding the proposed measures, and its suggestions of possible modifications, have been based on information available to it on the environmental conditions in the claimant countries prior to 15 September 2004.

Specifically, Saudi Arabia seeks compensation for the loss of 1,397 persons who, according to its estimates, died prematurely in 1991 and 1992 as a result of the exposure of its population to increased levels of particulate matter.

The arbitral tribunal may award such costs and damages at any point during the proceedings.

The CD clearly cannot afford to waste yet another year without seriously jeopardizing its credibility.

(ii) loss of, or damage to, property, including property which forms part of the cultural heritage

(b) Harm means harm caused to persons, property or the environment

Recommended award for claim No. 5000460 Claim No. 5000468 Coastal mudflats Claim 5000468 is for compensation in the amount of USD 267,710,202 for expenses of future measures to remediate damage to Kuwait's coastal mudflats resulting from Iraq's invasion and occupation and for future monitoring activities.

(iii) loss or damage by impairment of the environment

Iraq states that the arrival of the refugees in Iran was caused by factors other than the invasion and occupation.

Iraq contends that there is no bioaccumulation data or other evidence to prove that the smoke plumes caused losses in production of livestock or poultry.

The latter should be avoided since this can lead to a misallocation of resources and to the formation of monopolistic markets, which may harm consumers.

Personal injuries and damage to property

The collusive behaviour distorted competition in the fuel market to the detriment of the end customer who bought fuel from filling stations.

Reparation for injury

Contribution to the injury

Compensation for damage

62 68. Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm

These are Claim No. 5000286 for loss of agricultural resources Claim No. 5000301 for loss of fisheries resources Claim No. 5000288 for losses resulting from the depletion of or damage to terrestrial, cultural heritage and marine resources Claim No. 5000287 for damage to public health and Claim No. 5000394 for the expenses of a public health monitoring and assessment study on the incidence of cancers and haematological disorders.

(a) The degree of risk of significant transboundary harm and of the availability of means of preventing such harm, or minimizing the risk thereof or repairing the harm

According to Saudi Arabia, two factors caused this decrease namely, prohibition of fishing by industrial boats and the reduction of traditional fishing trips and low catch per unit effort from the time of Iraq's invasion of Kuwait through 1993.

According to section 1 of chapter 5 of the Finnish Damages and Tort Liability Act of 1974, damages shall constitute compensation for the personal injury and damage to property.

The damage or losses for which compensation is claimed include expenses of medical treatment for specific diseases and mental conditions as well as general claims for loss of life or reduced quality of life of the population.

The first claim unit is for costs of medical treatment and economic losses resulting from an increase in the incidence of low birth weight infants and malnourished children in Jordan as a result of the influx of the refugees into Jordan.

(a) damage means significant damage caused to persons, property or the environment and includes

(c) Material damages and loss of earnings, including loss of earning potential

Accordingly, the Panel recommends compensation in the amount of USD 7,943,030 for this part of the claim unit.

Iraq argues that the stressors that Saudi Arabia identifies as causing PTSD in persons in Saudi Arabia do not correspond to the extreme stressors that are identified in the scientific literature as being capable of causing PTSD.

Damaged Democracy

Compensable losses or expenses Governing Council decision 7 (S AC.26 1991 7 Rev.

It argues that compensation for damage to non commercial resources is limited to the costs of reasonable measures of remediation or restoration.

The Panel has previously stated that Iraq is not liable either for damage that was unrelated to its invasion and occupation of Kuwait or for losses or expenses that are not a direct result of the invasion and occupation.

(a) Risk of causing significant transboundary harm includes risks taking the form of a high probability of causing significant transboundary harm and a low probability of causing disastrous transboundary harm

IX. Reparation for harm suffered

Costs and economic damage

Reparation for harm suffered

Reparation for harm suffered