Well Blowout Control Claim

Abstract

Claims — Large claims — United Nations Compensation Commission — Claim by the Kuwait Oil Company (“KOC”) for the cost of extinguishing fires at the oil well-heads in Kuwait — Evidence of cause of damage — Costs — Evidence that costs actually incurred — Attribution of costs to particular claims — Use of expert accountancy reports to verify costs

Damages — Principles — Claim by the KOC for the cost of extinguishing fires at the oil well-heads in Kuwait — Heads of damage — General principles of international law — Mitigation of damages — Interest — Date from which interest to be awarded — Date taken to be 19 October 1991 — Use of different date for calculating interest in other claims

Environment — Pollution — Environmental damage resulting from Iraq’s invasion and occupation of Kuwait — Security Council Resolution 687 — Iraq responsible for such damage — Provision for claims by States and international organizations in respect of environmental damage — Threat to environment caused by fires at oil well-heads in Kuwait — Claim by corporation — Whether admissible

International organizations — United Nations — Security Council — Powers — Affirmation of Iraq’s liability to compensate for losses caused by invasion and occupation of Kuwait — Security Council Resolution 687 — Establishment of United Nations Compensation Commission — Nature and functions of Commission — Standing of claimants

International tribunals — United Nations Compensation Commission — Nature and functions — Hearings before Panel of Commissioners — Quasi-judicial character — Application of rules of due process — Procedure — Consideration of evidence — Overlap between different claims

State responsibility — For losses occasioned by invasion of another State — Iraqi invasion of Kuwait — Iraqi responsibility for losses resulting directly from invasion and occupation — Proof of causation — Damage to oil wells — Allegation by Iraq that damage caused by Coalition armed forces — Whether relieving Iraq of responsibility — Application of general principles of State responsibility by United Nations Compensation Commission

War and armed conflict — Consequences — Responsibility for damage occasioned by armed conflict — Liability of aggressor — Iraqi invasion and occupation of Kuwait — Responsibility of Iraq for losses resulting directly from invasion and occupation — Damage to oil well-heads in Kuwait — Whether attributable to sabotage by Iraqi forces — Whether caused by Coalition armed forces’ bombing campaign — Whether Iraq responsible if damage caused by military operations of Coalition — United Nations Compensation Commission