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Book Cover
Author Smit, Anneke

Title The Property Rights of Refugees and Internally Displaced Persons : Beyond Restitution
Published Hoboken : Taylor and Francis, 2012


Description 1 online resource (267 pages)
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
Summary 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 displaced persons to their homes following armed conflict.?This prioritization has been entrenched further by the 2005 United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (the ""Pinheiro Principles""). Yet as Anneke Smit chronicles in this book, the internat
Notes Print version record
SUBJECT Principles on housing and property restitution for refugees and displaced persons.
Principles on housing and property restitution for refugees and displaced persons. fast (OCoLC)fst01790419
Subject Refugees -- Legal status, laws, etc.
Internally displaced persons -- Legal status, laws, etc
Right of property.
Refugees -- Housing.
property rights.
LAW -- International.
Refugees -- Housing.
Refugees -- Legal status, laws, etc.
Right of property.
Form Electronic book
ISBN 9781136331442