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Author: Margaret Cordial Publisher: Martinus Nijhoff Publishers ISBN: 9004155600 Category : Law Languages : en Pages : 1877
Book Description
The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations.This is a two volume set.
Author: Margaret Cordial Publisher: Martinus Nijhoff Publishers ISBN: 9004155600 Category : Law Languages : en Pages : 1877
Book Description
The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations.This is a two volume set.
Author: Margaret Cordial Publisher: BRILL ISBN: 9004180672 Category : Law Languages : en Pages : 1876
Book Description
The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo.
Author: Megan J. Ballard Publisher: ISBN: Category : Languages : en Pages : 36
Book Description
The international community has recently hailed the restoration of property rights for people uprooted by armed conflict as a means of remedying forced displacement. Proponents of property restitution assert that this remedy can enhance the rule of law in a post-conflict society by promoting reconciliation and bolstering economic and social stability. A United Nations (U.N.) subcommission has endorsed a set of legal and technical guidelines for constructing a property restitution scheme. While other authors have written in support of this plan and a general right to property restitution, this Article represents a critical analysis of the remedy, pointing to weaknesses in its legal and theoretical foundations.The current emphasis on property restitution is similar to past efforts of the United States and other Western nations to promote the rule of law and economic development through exporting an instrumentalist model of law. Just as these well-intentioned "law and development" efforts were plagued by unforeseen, deleterious consequences, so too might the export of property restitution laws and processes suffer from ill side effects. This Article identifies some of the possible unintentional outcomes of property restitution, including, ironically, that the U.N.'s property restitution scheme may ultimately undermine development of the rule of law. The Article seeks to spur further debate on the merits of property restitution so that unintended consequences might be avoided and the remedies to forced displacement can be strengthened to meet the needs of refugees and internally displaced people.
Author: Scott Leckie Publisher: BRILL ISBN: 9004502289 Category : Law Languages : en Pages : 453
Book Description
This volume is a unique effort to cover the topic of the restitution of housing and property in light of lessons learned in the Balkans, South Africa, East Timor, and in a range of other countries that have made the shift from conflict to peace. Individual chapters by authors with direct experience dealing with housing and property restitution in particular contexts will bring into focus the legal and human rights aspects of this question. All parties involved in human rights, refugee assistance, post-conflict reconstruction and reconciliation, and property rights will find this volume to be an indispensable resource now that housing and property restitution is viewed as an essential element of post-conflict reconstruction and a primary means of reversing “ethnic cleansing.”
Author: Anneke Smit Publisher: Routledge ISBN: 0415579600 Category : Law Languages : en Pages : 268
Book Description
The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.
Author: Scott Leckie Publisher: Hotei Publishing ISBN: 9781571052414 Category : Political refugees Languages : en Pages : 0
Book Description
This volume is a unique effort to cover the topic of the restitution of housing and property in light of lessons learned in the Balkans, South Africa, East Timor, and in a range of other countries that have made the shift from conflict to peace. Individual chapters by authors with direct experience dealing with housing and property restitution in particular contexts will bring into focus the legal and human rights aspects of this question. All parties involved in human rights, refugee assistance, post-conflict reconstruction and reconciliation, and property rights will find this volume to be an indispensable resource now that housing and property restitution is viewed as an essential element of post-conflict reconstruction and a primary means of reversing "ethnic cleansing.".
Author: Jon Unruh Publisher: Routledge ISBN: 1136536639 Category : Law Languages : en Pages : 647
Book Description
Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.
Author: Khaled Hassine Publisher: Martinus Nijhoff Publishers ISBN: 9004308865 Category : Law Languages : en Pages : 424
Book Description
In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties. The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.
Author: Margaret Cordial
Author: Margaret Cordial
Author: Margaret Cordial
Author: Megan J. Ballard
Author: Margaret Cordial
Author: Scott Leckie
Author: Anneke Smit
Author: Scott Leckie
Author: Jon Unruh
Author: Margaret Cordial
Author: Khaled Hassine