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.

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. 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.

Download or read book Post Conflict Property Restitution written by Megan J. Ballard and published by . This book was released on 2016 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has recently hailed the restoration of property rights for people uprooted by armed conflict as a means of remedying forced displacement. Proponents of property restitution assert that this remedy can enhance the rule of law in a post-conflict society by promoting reconciliation and bolstering economic and social stability. A United Nations (U.N.) subcommission has endorsed a set of legal and technical guidelines for constructing a property restitution scheme. While other authors have written in support of this plan and a general right to property restitution, this Article represents a critical analysis of the remedy, pointing to weaknesses in its legal and theoretical foundations.The current emphasis on property restitution is similar to past efforts of the United States and other Western nations to promote the rule of law and economic development through exporting an instrumentalist model of law. Just as these well-intentioned "law and development" efforts were plagued by unforeseen, deleterious consequences, so too might the export of property restitution laws and processes suffer from ill side effects. This Article identifies some of the possible unintentional outcomes of property restitution, including, ironically, that the U.N.'s property restitution scheme may ultimately undermine development of the rule of law. The Article seeks to spur further debate on the merits of property restitution so that unintended consequences might be avoided and the remedies to forced displacement can be strengthened to meet the needs of refugees and internally displaced people.

Download or read book Post conflict Property Restitution written by Margaret Cordial and published by . This book was released on 2009 with total page 1842 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Returning Home Housing and Property Restitution Rights for Refugees and Displaced Persons written by Scott Leckie and published by BRILL. This book was released on 2021-11-15 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.”

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 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.

Download or read book Returning Home written by Scott Leckie and published by Hotei Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.".

Download or read book Land and Post Conflict Peacebuilding written by Jon Unruh and published by Routledge. This book was released on 2013-07-18 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Post conflict Property Restitution written by Margaret Cordial and published by . This book was released on 2008 with total page 1576 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 2015-11-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Right to Property Restitution in Post conflict Situations written by Christopher Thornton and published by . This book was released on 2011 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Post conflict Housing Restitution written by Antoine Christian Buyse and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In armed conflict, the loss of one's house is often one of the most dramatic personal consequences. In fragile post-conflict societies, such a loss not only causes a flow of refugees and other displaced persons, but it can also be a source of renewed conflict. Restitution of housing could help to solve these problems and thus help to attain peace and to rebuild the rule of law. This study focuses on the legal aspects of restitution, identifying many of the stumbling blocks which can hamper restitution. It examines how the right to housing and property restitution for refugees and other displaced persons can be secured more effectively in European post-conflict situations. The study is structured around three requirements for the effectiveness of a legal norm: its normative clarity, the operational framework which supports the norm, and the political will or consensus among the main actors involved to implement the norm. Throughout, the main perspective is the European Convention on Human Rights within the broader context of public international law and human rights law. First, the issue of the existence and content of a right to housing restitution is elaborated upon. Secondly, specific challenges in the institutional sphere are addressed. Thirdly, the research focuses on the application of housing restitution in practice, by way of a case study. It analyzes how restitution was implemented in Bosnia and Herzegovina in the wake of the 1995 Dayton Peace Agreement. The study concludes with a set of specific recommendations for effective implementation. Intersentia is proud to announce that both Antoine Buyse and Gentian Zyberi won the Max van der Stoel Human Rights Award 2008.

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.

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:

Download or read book From the Right to Return to the Return of Rights written by C.B. Philpott and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the numbers displaced as part of the means and methods of the armed conflict during the war in Bosnia Herzegovina between 1992-95, it is not surprising that the return process has been long and drawn out. Nevertheless, a remarkable process of post-war reconciliation has quietly drawn to completion in Bosnia Herzegovina. In less than a decade after the end of the war, over 90 per cent of the 211,871 claims for the restitution of real property made by internally displaced persons (IDPs ) and refugees have been resolved.Annex 7 of the Dayton Agreement, The Agreement on Refugees and Displaced Persons, provided for the return of IDPs and refugees, but it was the object of obstruction in the mid to late 1990s. However, by the middle of the first decade of the 21 century, restitution was all but complete. The significance of this turn-around extends far beyond the hundreds of thousands of Bosnians who benefited directly. It is a model, both positive and negative, for the resolution of many other conflicts around the world in which land is a major issue. While a number of factors contributed to the dramatic acceleration of the restitution process in Bosnia, certainly the unexpected staying power - and, indeed, concerted action on property restitution - of the international community played its part. A 'carrot and stick' strategy manifested itself in high-profile funding, admittance to international bodies, and the removal of obstructive officials. As this paper shall argue, the greatest factor in seeing the process through to the end was the shift from a process that focused primarily upon ethnically-linked 'return', sometimes at the expense of individual property rights, to one that was driven primarily by the recognition of property rights and the rule of law. This was possible for a number of reasons. Uniquely, international human rights conventions were incorporated directly into post-war Bosnian domestic law. Influenced by this, legislative amendments and changes in implementation strategy progressively slanted the process in favour of simple, almost intuitive, rights recognition. Shifting away from the emphasis on 'return' removed a subjective element from implementation and, combined with greater emphasis on the 'rule of law', narrowed the scope for the system to be manipulated and thwarted. This, thereby, de-politicised restitution.st.

Download or read book The Right to Property Restitution for Post conflict Returnees written by Monica Rispo and published by . This book was released on 2007 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Robbery and Restitution written by United States Holocaust Memorial Museum and published by Berghahn Books. This book was released on 2007 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.