The Property Rights of Refugees and Internally Displaced Persons : Beyond Restitution.

The Property Rights of Refugees and Internally Displaced Persons : Beyond Restitution.

The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution explores how the protection of housing and property rights can contribute to durable solutions to displacement. The focus of most of the international community's recent protection efforts has been on returning...

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Bibliographic Details
Main Author: Smit, Anneke
Format: eBook
Language:English
Published: Hoboken : Taylor and Francis, 2012.
Subjects:
Principles on housing and property restitution for refugees and displaced persons.
Principles on housing and property restitution for refugees and displaced persons
Refugees > Legal status, laws, etc.
Internally displaced persons > Legal status, laws, etc.
Restitution.
Repatriation.
Right of property.
Refugees > Housing.
repatriation.
property rights.
LAW > International.
Refugees > Housing
Repatriation
Restitution
Right of property
Online Access:Click for online access
Table of Contents:
  • Front Cover; The Property Rights of Refugees and Internally Displaced Persons; Copyright Page; Contents; Acknowledgements; Introduction; Protracted displacements and the quest for durable solutions; Durable solutions and the protection of housing and property rights; 1. The development of the right to return to one's home of origin; Traditional limits of the right of return at international law; Enunciation of the right to return to one's home of origin; Instruments ending conflicts; International and regional case law; United Nations 'soft law' developments; Customary international law.
  • AdvocacyConclusion; 2. Modern experiences with post-conflict restitution and return; Israel/Palestine; Cyprus; Cambodia; Mozambique; Tajikistan; Rwanda; Guatemala; Bosnia-Herzegovina; Domestic property rights legislation; An internationalized commission; Restitution and return; Kosovo; Timor-Leste; Afghanistan; Iraq; Georgia/South Ossetia; Legislative frameworks on IDPs; Use of the courts to regain pre-conflict property; Law on Restitution; Conclusion; 3. Restitution and return 'home'; Return as the preferred durable solution; Establishing the restitution/return nexus.
  • The success of restitution and the failure of returnReturn and the meaning of 'home'; Nuancing understandings of return and home; Balancing practical considerations and dreams of home; Deconstructing the house as home; De facto durable solutions following restitution; Sale/exchange of restituted property; Transnational uses of restituted property; Conclusion: re-establishing the restitution/return nexus?; 4. Local integration and the regularization of collective centre space; Local integration as acceptable durable solution; Host community as home.
  • Policy implications for local integration (and resettlement)Housing and property rights and local integration; Shelter arrangements for RDPs during displacement; Protecting housing and property rights in the host community; Regularizing rights in collective centre space; Collective centre as home; Recognizing property rights in the collective centre; The (in)sufficiency of informal ownership; The use of non-ownership tenures; Conclusion; 5. Compensation and regularizing secondary occupation; Shifting homes, changing 'social fabric' and the secondary occupier.
  • Lessons from the 'ordinary' law of propertyThe legal meaning of 'home'; Adverse possession/squatters' rights; Expropriation; Restitution in transitional states; Restitution in Eastern Europe/former Soviet Union; Restitution in South Africa; Determining adequate compensation; Conclusion; Conclusion; Bibliography; Index.

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