Post-Conflict Property Restitution (2 vols)

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Author :
Publisher : BRILL
ISBN 13 : 9004180672
Total Pages : 1876 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Post-Conflict Property Restitution (2 vols) by : Margaret Cordial

Download or read book Post-Conflict Property Restitution (2 vols) written by Margaret Cordial and published by BRILL. This book was released on 2009-09-14 with total page 1876 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Post-Conflict Property Restitution

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004155600
Total Pages : 1877 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Post-Conflict Property Restitution by : Margaret Cordial

Download or read book Post-Conflict Property Restitution written by Margaret Cordial and published by Martinus Nijhoff Publishers. This book was released on 2009-09-01 with total page 1877 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

UN Territorial Administration and Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351593234
Total Pages : 246 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati and published by Routledge. This book was released on 2020-04-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004308865
Total Pages : 424 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons by : Khaled Hassine

Download or read book The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons written by Khaled Hassine and published by Martinus Nijhoff Publishers. This book was released on 2015-12-04 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Housing, Land and Property Rights

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000956660
Total Pages : 219 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Housing, Land and Property Rights by : Scott Leckie

Download or read book Housing, Land and Property Rights written by Scott Leckie and published by Taylor & Francis. This book was released on 2023-09-15 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author’s suggestions for creating a new World Restitution Agency, expanding our understanding of the term ‘internationally wrongful act’ to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to redistribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policymakers working in the areas of international human rights law, housing, land and property issues, humanitarian issues and climate change.

Litigating War

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Publisher : Oxford University Press
ISBN 13 : 0199987580
Total Pages : 640 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Litigating War by : Sean D. Murphy

Download or read book Litigating War written by Sean D. Murphy and published by Oxford University Press. This book was released on 2013-03-25 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

Internal Displacement and the Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192899325
Total Pages : 385 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Internal Displacement and the Law by : Walter Kälin

Download or read book Internal Displacement and the Law written by Walter Kälin and published by Oxford University Press. This book was released on 2023-05-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.

The Yugoslav Wars of the 1990s

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 113739899X
Total Pages : 192 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis The Yugoslav Wars of the 1990s by : Catherine Baker

Download or read book The Yugoslav Wars of the 1990s written by Catherine Baker and published by Bloomsbury Publishing. This book was released on 2015-07-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Catherine Baker offers an up-to-date, balanced and concise introductory account of the Yugoslav wars of the 1990s and their aftermath. The volume incorporates the latest research, showing how the state of the field has evolved and guides students through the existing literature, topics and debates.

Housing and Property Restitution Rights of Refugees and Displaced Persons

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139464094
Total Pages : 25 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Housing and Property Restitution Rights of Refugees and Displaced Persons by : Scott Leckie

Download or read book Housing and Property Restitution Rights of Refugees and Displaced Persons written by Scott Leckie and published by Cambridge University Press. This book was released on 2007-05-28 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.

Refugees in International Relations

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Publisher : OUP Oxford
ISBN 13 : 0191625132
Total Pages : 368 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Refugees in International Relations by : Alexander Betts

Download or read book Refugees in International Relations written by Alexander Betts and published by OUP Oxford. This book was released on 2010-11-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refugees lie at the heart of world politics. The causes and consequences of, and responses to, human displacement are intertwined with many of the core concerns of International Relations. Yet, scholars of International Relations have generally bypassed the study of refugees, and Forced Migration Studies has generally bypassed insights from International Relations. This volume therefore represents an attempt to bridge the divide between these disciplines, and to place refugees within the mainstream of International Relations. Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, the volume considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy. They engage with some of the most challenging political and practical questions in contemporary forced migration, including peacebuilding, post-conflict reconstruction, and statebuilding. The result is a set of highly original chapters, yielding not only new concepts of wider relevance to International Relations but also insights for academics, policy-makers, and practitioners working on forced migration in particular and humanitarianism in general.

The Property Rights of Refugees and Internally Displaced Persons

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Author :
Publisher : Routledge
ISBN 13 : 1136331433
Total Pages : 268 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis The Property Rights of Refugees and Internally Displaced Persons by : Anneke Smit

Download or read book The Property Rights of Refugees and Internally Displaced Persons written by Anneke Smit and published by Routledge. This book was released on 2012-05-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Armed Conflict and Forcible Displacement

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Author :
Publisher : Routledge
ISBN 13 : 1317243897
Total Pages : 227 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Armed Conflict and Forcible Displacement by : Elena Katselli Proukaki

Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Recovering from Civil Conflict

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Publisher : Routledge
ISBN 13 : 113529190X
Total Pages : 240 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Recovering from Civil Conflict by : Edward Newman

Download or read book Recovering from Civil Conflict written by Edward Newman and published by Routledge. This book was released on 2014-04-04 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of international contributors emphasize the conceptual and practical challenges facing post-conflict societies and the international community in the management of the transition from civil conflict to peaceful coexistence.

Housing, Land, and Property Rights in Post-Conflict United Nations and Other Peace Operations

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521888239
Total Pages : 391 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Housing, Land, and Property Rights in Post-Conflict United Nations and Other Peace Operations by : Scott Leckie

Download or read book Housing, Land, and Property Rights in Post-Conflict United Nations and Other Peace Operations written by Scott Leckie and published by Cambridge University Press. This book was released on 2009 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the UN's role in housing, land, and property rights in countries after violent conflict.

Peacemaking, Religious Belief and the Rule of Law

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Publisher : Routledge
ISBN 13 : 1315411997
Total Pages : 244 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Peacemaking, Religious Belief and the Rule of Law by : Paul J. Zwier

Download or read book Peacemaking, Religious Belief and the Rule of Law written by Paul J. Zwier and published by Routledge. This book was released on 2017-12-14 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.

Property Restitution and Compensation

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Author :
Publisher : Hammersmith Press
ISBN 13 : 929068450X
Total Pages : 308 pages
Book Rating : 4.2/5 (96 download)

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Book Synopsis Property Restitution and Compensation by : International Organization for Migration

Download or read book Property Restitution and Compensation written by International Organization for Migration and published by Hammersmith Press. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Athenian Amnesty and Reconstructing the Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 019165339X
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Athenian Amnesty and Reconstructing the Law by : Edwin Carawan

Download or read book The Athenian Amnesty and Reconstructing the Law written by Edwin Carawan and published by OUP Oxford. This book was released on 2013-10-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the amnesty which ended the civil war at Athens in 403 BC. Drawing upon ancient historians and speechwriters, together with the surviving inscriptions, it presents a new interpretation of the Athenian Amnesty in its original setting and in view of the subsequent reconstruction of laws and democratic institutions in Athens. Beginning with the evidence on the original agreement and the events that shaped it, the volume also discusses the major trials that challenged and reinterpreted key elements of the amnesty agreement, including the trial of Socrates. These studies reveal the Athenian Amnesty as a contractual settlement between the warring parties, a bargain for peace and reconciliation. The oath that came to symbolize the Amnesty was the closing to that contract, a pledge not to go back on the covenants that spelled out remedies and restrictions-not a promise to forgive and forget. The same contractual principle inspired major reforms of the restored democracy, barring litigation on settled claims and ensuring that new legislation did not conflict with the constitution. While this book deals largely with the ancient agreement, Carawan also draws perspectives from parallels in modern history, such as the post-apartheid settlement in South Africa, illustrating how the Athenian Amnesty is generally regarded as the model for political 'forgiveness' or 'pardon and oblivion' embraced in later conflict resolution.