Internal Displacement And The Law
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| Author | : Romola Adeola |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 208 |
| Release | : 2020-10-30 |
| Genre | : Law |
| ISBN | : 1788975456 |
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
| Author | : Bríd Ní Ghráinne |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2022 |
| Genre | : Internally displaced persons |
| ISBN | : 0198868448 |
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
| Author | : Veronica Patience Fynn |
| Publisher | : Lulu.com |
| Total Pages | : 262 |
| Release | : 2010-09-29 |
| Genre | : Law |
| ISBN | : 0557509874 |
Veronica Fynn's "Legal Discrepancies: Internal Displacement of Women and Children in Africa" is not only timely (produced soon after Africa adopts its historical Convention on the Protection and Assistance of Internally Displaced People in Africa, 2009). "Legal Discrepancies: Legal Discrepancies: Internal Displacement of Women and Children in Africa" offers the first comprehensive, holistic, and multi-disciplinary examination on the efficacy of international, regional and national laws and policies in protecting and assisting IDPs. Fynn's research provides a thought provoking framework for academics, lawyers, public health practitioners, aid workers, national governments, regional institutions and international organizations to rethink the legal space within which internally displaced peoples lingers.
| Author | : Romola Adeola |
| Publisher | : Taylor & Francis |
| Total Pages | : 120 |
| Release | : 2022-04-28 |
| Genre | : Political Science |
| ISBN | : 100051336X |
This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.
| Author | : Isabel M. Borges |
| Publisher | : Routledge |
| Total Pages | : 245 |
| Release | : 2018-12-07 |
| Genre | : Law |
| ISBN | : 1351361791 |
This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
| Author | : Catherine Phuong |
| Publisher | : Cambridge University Press |
| Total Pages | : 326 |
| Release | : 2005-01-27 |
| Genre | : Political Science |
| ISBN | : 9781139442268 |
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
| Author | : Gil Loescher |
| Publisher | : Taylor & Francis |
| Total Pages | : 100 |
| Release | : 2005 |
| Genre | : Political Science |
| ISBN | : 9780415382984 |
First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.
| Author | : Romola Adeola |
| Publisher | : Routledge |
| Total Pages | : 170 |
| Release | : 2020-09-21 |
| Genre | : Political Science |
| ISBN | : 1351591681 |
Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.
| Author | : Roberta Cohen |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 450 |
| Release | : 2012-01-27 |
| Genre | : Political Science |
| ISBN | : 9780815791355 |
Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.
| Author | : Sudha Rajput |
| Publisher | : Routledge |
| Total Pages | : 224 |
| Release | : 2019-02-04 |
| Genre | : Political Science |
| ISBN | : 0429764626 |
Grounded in multidisciplinary research, this book presents a methodical understanding of those displaced within their national borders, the Internally Displaced Persons (IDPs). The IDP phenomenon remains less understood than that of refugees due to the "internal" nature of the crisis, linked to a nation’s sovereignty, which assigns the responsibility for care to the national actors as opposed to an international body. However, the IDP phenomenon poses an international humanitarian challenge, with upwards of 40 million people currently in internal displacement across the globe. This book helps answer the most perplexing questions surrounding conflict-induced protracted displacements: namely, how do positions embraced by key actors inform/influence IDP policies, and why, despite the promise of robust return packages, do families remain reluctant to return to home communities and equally reluctant to embrace new host communities? Capitalizing on the diagnostic tool kit known as Dugan’s Nested Model, uniquely adapted to the Kashmiri Pandit displacement, this book also analyzes issues of the similarly displaced communities of Nagorno-Karabakh, Abkhazia and South Ossetia, Kosovo, and Darfur regions. This book will be of much interest to students of peace and conflict studies, humanitarianism, Asian politics, and International Law in general.
