The Property Rights of Refugees and Internally Displaced Persons PDF Download

Author: Anneke Smit
Publisher: Routledge
ISBN: 1136331433
Category : Law
Languages : en
Pages : 268

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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: Khaled Hassine
Publisher: Martinus Nijhoff Publishers
ISBN: 9004308865
Category : Law
Languages : en
Pages : 424

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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: James Charles Smith
Publisher: Routledge
ISBN: 1317074688
Category : Law
Languages : en
Pages : 336

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Book Description
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Author: Jon Unruh
Publisher: Routledge
ISBN: 1136536620
Category : Law
Languages : en
Pages : 539

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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: Gjylbehare Bella Murati
Publisher: Routledge
ISBN: 1351593234
Category : Law
Languages : en
Pages : 246

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Book Description
This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Author: Carla Ferstman
Publisher: BRILL
ISBN: 9004377190
Category : Law
Languages : en
Pages : 790

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Book Description
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

Author: Scott Leckie
Publisher: Routledge
ISBN: 1317417119
Category : Business & Economics
Languages : en
Pages : 220

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Book Description
Climate change, sometimes thought of as a problem for the future, is already impacting people’s lives around the world: families are losing their homes, lands and livelihoods as a result of sea level rise, increased frequency and intensity of storms, drought and other phenomena. Following several years of preparatory work across the globe, legal scholars, judges, UN officials and climate change experts from 11 countries came together to finalise a new normative framework aiming to strengthen the right of climate-displaced persons, households and communities. This resulted in the approval of the Peninsula Principles on Climate Displacement within States in August 2013. This book provides detailed explanations and interpretations of the Peninsula Principles and includes in-depth discussion of the legal, policy and programmatic efforts needed to uphold the standards and norms embedded in the Principles. The book provides policy-makers with the conceptual understanding necessary to ensure that national-level policies are in place to respond to the climate displacement challenge, as well as a firm sense of the programme-level approaches that can be taken to anticipate, reduce and manage climate displacement. It also provides students and policy advocates with the necessary information to debate and critique responses to climate displacement at different levels. Drawing together key thinkers in the field, this volume will be of great relevance to scholars, lawyers, legal advisors and policy-makers with an interest in climate change, environmental policy, disaster management and human rights law and policy.

Author: Megan Bradley
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773582851
Category : Social Science
Languages : en
Pages : 447

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Book Description
At the start of 2014, more people were displaced globally by conflict and human rights violations than at any time since the Second World War. Although many of those displaced, from countries such as Syria, Iraq, Colombia, Kenya, and Sudan, have survived grave human rights abuses that demand redress, the links between forced migration, justice, and reconciliation have historically received little attention. This collection addresses the roles of various actors including governments, UN agencies, NGOs, and displaced persons themselves, raising complex questions about accountability for past injustices and how to support reconciliation in communities shaped by exile. Forced Migration, Reconciliation, and Justice draws on a variety of disciplinary perspectives including political science, law, anthropology, and social work. The chapters range from case studies in countries such as Bosnia, Cambodia, Lebanon, Turkey, East Timor, Kenya, and Canada, to macro-level analyses of trends, interconnections, and theoretical dilemmas. Furthermore, the authors explore the contribution of trials and truth commissions, as well as the role of religious practices, oral history, theatre, and social interactions in addressing justice and reconciliation issues in affected communities. In doing so, they provide fresh insight into emerging debates at the centre of forced migration and transitional justice. Exploring critical issues in political science and development studies, this provocative collaboration unites leading researchers, policymakers, human rights advocates, and aid workers to examine the theoretical and practical relationships between displacement, transitional justice, and reconciliation. Contributors include Ian B. Anderson (Department of Foreign Affairs, Trade and Development Canada), John Bell (Toledo International Center for Peace), Chaloka Beyani (London School of Economics), Mateja Celestina (Coventry University), Ayse Betül Çelik (Sabanci University), Mick Dumper (Exeter University), Roger Duthie (International Center for Transitional Justice), Huma Haider (University of Birmingham), Nancy Maroun (United Nations Development Programme Office in Lebanon), James Milner (Carleton University), Mike Molloy (University of Ottawa), Paige Morrow (Frank Bold), Lisa Ndejuru (Concordia University), Thien-Huong T. Ninh (California State University, Dominguez Hills), Anneke Smit (University of Windsor), Roberto Vidal López (Pontifica Universidad), Luiz Vieira (formerly with IOM), Nicole Waintraub (University of Ottawa), Jennifer Winstanley (lawyer).

Author: Costas Paraskeva
Publisher: BRILL
ISBN: 900451385X
Category : Law
Languages : en
Pages : 331

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Book Description
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.

Author: Romola Adeola
Publisher: Edward Elgar Publishing
ISBN: 1788975456
Category : Law
Languages : en
Pages : 208

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Book Description
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.