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The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons
Author: Anneke Smit
Publisher: Routledge
Total Pages: 268
Release: 2012
Genre: Law
ISBN: 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.


Internally Displaced Persons and International Refugee Law

Internally Displaced Persons and International Refugee Law
Author: Bríd Ní Ghráinne
Publisher: Oxford University Press
Total Pages: 241
Release: 2022
Genre: Internally displaced persons
ISBN: 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.


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
Total Pages: 453
Release: 2021-11-15
Genre: Law
ISBN: 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 Internally Displaced Person in International Law

The Internally Displaced Person in International Law
Author: Romola Adeola
Publisher: Edward Elgar Publishing
Total Pages: 208
Release: 2020-10-30
Genre: Law
ISBN: 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.


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
Total Pages: 424
Release: 2015-12-04
Genre: Law
ISBN: 9004308865

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In this Commentary on the Principles on Housing and Property Restitution for Refugees and Displaced Persons – known as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the legal contents of this international instrument generated by the UN in 2005.


Returning Home

Returning Home
Author: Scott Leckie
Publisher: Hotei Publishing
Total Pages: 0
Release: 2003
Genre: Political refugees
ISBN: 9781571052414

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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.".


Post-Conflict Property Restitution (2 vols)

Post-Conflict Property Restitution (2 vols)
Author: Margaret Cordial
Publisher: BRILL
Total Pages: 1876
Release: 2009-09-14
Genre: Law
ISBN: 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
Total Pages: 241
Release: 2022-03-15
Genre: Law
ISBN: 0192638920

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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
Total Pages: 630
Release: 2006
Genre: Political Science
ISBN: 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.