Post-Conflict Property Restitution

Post-Conflict Property Restitution PDF

Author: Margaret Cordial

Publisher: Martinus Nijhoff Publishers

Published: 2009-09-01

Total Pages: 1877

ISBN-13: 9004155600

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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. 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.

Post-Conflict Property Restitution (2 vols)

Post-Conflict Property Restitution (2 vols) PDF

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.

The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons PDF

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.

Land and Post-Conflict Peacebuilding

Land and Post-Conflict Peacebuilding PDF

Author: Jon Unruh

Publisher: Routledge

Published: 2013-07-18

Total Pages: 647

ISBN-13: 1136536639

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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.

Returning Home

Returning Home PDF

Author: Scott Leckie

Publisher: Hotei Publishing

Published: 2003

Total Pages: 0

ISBN-13: 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.".

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

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

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 PDF

Author: Khaled Hassine

Publisher: Martinus Nijhoff Publishers

Published: 2015-12-04

Total Pages: 424

ISBN-13: 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.

Conflict and Housing, Land and Property Rights

Conflict and Housing, Land and Property Rights PDF

Author: Scott Leckie

Publisher: Cambridge University Press

Published: 2011-02-21

Total Pages: 313

ISBN-13: 1139495615

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Housing, land and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the UN and others seeking to build long-term peace. This book analyses the ubiquitous HLP challenges present in all conflict and post-conflict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace and conflict studies but will have a wider readership among practitioners working for international institutions such as the United Nations and the World Bank, non-governmental organizations, and national agencies in the developing world.

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