Moreover, the claimants failed to establish that these losses resulted directly from Iraq's invasion and occupation of Kuwait.

To that extent, most conceivable damages resulting from the activities of certification authorities might be regarded as consequential or indirect .

Based on the data submitted by Saudi Arabia, the Panel has made appropriate adjustments to Saudi Arabia's estimate of the extent of service losses and to other aspects of the claim, as indicated below.

The Panel finds that the claimant has failed to prove any direct loss and therefore recommends no award of compensation for D2 (personal injury) losses.

Consequently, Iran has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Direct and indirect losses result for both consumers and producers.

In some cases, claimants failed to provide sufficient explanation as to the nature, purpose or amount of their claims for other losses, or evidence to substantiate that they had sustained such losses as a direct result of Iraq's invasion and occupation of Kuwait.

Under those circumstances, it was asked whether it would be appropriate for the injured party to have direct recourse against the certification authority, or whether the injured party should have a right of redress against its trading partner only, who, in turn, might have recourse against the certification authority.

(c) No compensation shall be payable by the United Nations for loss or damages that, in the sole opinion of the Secretary General, are impossible to verify or are not directly related to the loss or damage to the premises

Whether or not any environmental damage or loss for which compensation is claimed was a direct result of Iraq's invasion and occupation of Kuwait will depend on the evidence presented in relation to each particular loss or damage.

The Panel finds that the damage to Saudi Arabia's intertidal shoreline habitats is a direct result of Iraq's invasion and occupation of Kuwait.

(b) No compensation shall be payable by the United Nations for loss or damages that, in the sole opinion of the Secretary General, are impossible to verify or are not directly related to the loss or damage to the personal property

In decision 7, the Governing Council considered direct losses to include

Direct effects are evaluated as the income foregone and losses incurred stemming directly from the cancellation of contracts and or severance of economic relations with the target country.

As the Panel sees it, the critical issue to be determined in each claim is whether the evidence provided is sufficient to show that there has been a loss of or damage to natural resources as alleged and, if so, whether such loss or damage resulted directly from Iraq's invasion and occupation of Kuwait.

Iraq stated that the claimant did not provide proof of his alleged personal losses.

The claimant will also be required to provide any available evidence to demonstrate such losses.

In the view of the Panel, two shoreline preserves with a total area of 46.3 square kilometres and operated for a 30 year period, would sufficiently compensate for Saudi Arabia's losses in ecological services in its intertidal shorelines.

There is one claim in this instalment where the claimant established that she owned real property in Iraq however, her claim for C7 Real Property losses fails as she did not establish the fact of loss.

It seems that cancer is a direct result to injury.

As the altered death certificate was proffered in support of the claimant's C3 Death loss, the Panel recommends no compensation be awarded for that loss type.

(d) Blindness, asthma and heart disease, of which there is less causal evidence to date.

In its original claim, the claimant produced photocopies of 35 deregistration certificates , which purported to show its ownership of these vehicles as at 2 August 1990 and their loss as a direct result of Iraq's invasion and occupation of Kuwait.

Having regard to the totality of the evidence, the Panel finds that the claimant has not established the loss of tangible business property as a direct result of Iraq's invasion and occupation of Kuwait.

When recommending compensation for damage or loss that has been found to be a direct result of Iraq's invasion and occupation of Kuwait, the Panel has in every case assured itself that the applicable evidentiary requirements regarding the circumstances and amount of the damage or loss claimed have been satisfied.

With regard to Iraq's contention that some of the claims are for indirect losses, the Claimants state that these claims are not for indirect losses since, by their very nature, they can only be claims of the State.

. Natural disasters have direct economic costs amounting to billions of United States dollars per year.

In this context, some delegations welcomed the fact that the definition of damage covered both consequential economic loss and pure economic loss, including loss of income directly deriving from an economic interest in any use of the environment.

However, considering the lack of data on pollutant concentrations before, during and after the period of the oil well fires, the Panel finds that the evidence submitted by Syria is not sufficient to establish a link between the extensive damage observed at the sites and air pollution from the oil well fires.

However, the Panel finds that submission of the banknotes alone is insufficient to prove the loss, as the Panel also requires credible evidence of loss and causation.

Moreover, the Panel found that the Claimant did not submit appropriate evidence in support of its alleged loss.

Since the third F4 report, Saudi Arabia has completed and submitted several monitoring and assessment studies that provide additional information on the extent of shoreline damage.

In the view of the Panel, Iran has not provided sufficient evidence to establish a direct link between the alleged damage to its cultural heritage and Iraq's invasion and occupation of Kuwait.

The Governing Council has provided some guidance on the issue of what types of loss are to be considered direct and, therefore, compensable.

The Panel finds that none none of the claimants with C5 BA losses in the fourth instalment have established that the C5 BA losses are compensable as a direct result of Iraq's invasion and occupation of Kuwait.

According to the findings of the report, each day of total closure cost the economy of the territories a direct income loss amounting to 1.35 million in addition to a 1.3 million loss due to the interruption of exports.

With regard to the latter possibility, it was observed that the notion of consequential damages , which was also referred to as indirect damage , might be given different interpretations in different legal systems.

The Panel finds that the claimant has established that he was arrested, imprisoned and suffered personal injuries and other losses as a direct result of Iraq's invasion and occupation of Kuwait.

13. In 100 per cent of the claims included in the sampling project, the Panel s criteria for proof of ownership, proof of loss and causal relationship to the invasion were met.For elaboration of all relevant criteria, see First Report, pp. 59 81, 148 158.

(c) No compensation shall be payable by the United Nations for homemaker services and other such damages that, in the sole opinion of the Secretary General, are impossible to verify or are not directly related to the injury or loss itself

But the Panel also found that within certain Claims individual loss elements or portions thereof were not supported by particularized statements of claim or documentary or other evidence sufficient to demonstrate the circumstances and amount of the claimed loss.

The Panel notes that the claimant provided inconsistent descriptions of his personal property losses and finds that he has failed to prove the existence of these losses.

Subparagraphs (i) and (ii) covered loss of life or personal injury and property damage, including aspects of pure economic loss, such as loss of income directly related to the injury or deriving from the property.

The Panel finds that the evidence provided to support this claim unit is not sufficient to demonstrate the circumstances of the loss claimed.

With respect to the claims for loss of tangible business property and loss of business income, the Panel finds that the evidence supports recommended awards of compensation in the respective amounts of USD 7,005 and USD 17,500.