The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons

Author: Anneke Smit

Publisher: Routledge

Published: 2012

Total Pages: 268

ISBN-13: 0415579600

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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.


The Internally Displaced Person in International Law

The Internally Displaced Person in International Law

Author: Romola Adeola

Publisher: Edward Elgar Publishing

Published: 2020-10-30

Total Pages: 208

ISBN-13: 1788975456

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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.


Returning Home: Housing and Property Restitution Rights for Refugees and Displaced Persons

Returning Home: Housing and Property Restitution Rights for Refugees and Displaced Persons

Author: Scott Leckie

Publisher: BRILL

Published: 2021-11-15

Total Pages: 453

ISBN-13: 9004502289

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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.”


The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons

The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons

Author: Khaled Hassine

Publisher: Martinus Nijhoff Publishers

Published: 2015-11-30

Total Pages: 424

ISBN-13: 9004308865

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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.


Post-Conflict Property Restitution (2 vols)

Post-Conflict Property Restitution (2 vols)

Author: Margaret Cordial

Publisher: BRILL

Published: 2009-09-14

Total Pages: 1876

ISBN-13: 9004180672

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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.


Internally Displaced Persons and International Refugee Law

Internally Displaced Persons and International Refugee Law

Author: Bríd Ní Ghráinne

Publisher: Oxford University Press

Published: 2022

Total Pages: 241

ISBN-13: 0198868448

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Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.


Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Author: Anne Fruma Bayefsky

Publisher: BRILL

Published: 2006

Total Pages: 630

ISBN-13: 9004144838

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Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.


The Idea of Home in Law

The Idea of Home in Law

Author: Lorna Fox O'Mahony

Publisher: Routledge

Published: 2016-03-03

Total Pages: 223

ISBN-13: 1317028082

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The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.