Handling Climate Displacement

Handling Climate Displacement
Author: Khaled Hassine
Publisher: Cambridge University Press
Total Pages: 237
Release: 2019-08-22
Genre: Law
ISBN: 1108486487

A practical and empathetic guide to managing the crisis of climate displacement, and pre-empting a mass loss of human rights.

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
Author: Khaled Hassine
Publisher: Martinus Nijhoff Publishers
Total Pages: 424
Release: 2015-11-30
Genre: Law
ISBN: 9004308865

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.

Rethinking International Law and Justice

Rethinking International Law and Justice
Author: Charles Sampford
Publisher: Routledge
Total Pages: 359
Release: 2016-04-08
Genre: Law
ISBN: 1317064127

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Repairing Domestic Climate Displacement

Repairing Domestic Climate Displacement
Author: Scott Leckie
Publisher: Routledge
Total Pages: 220
Release: 2015-08-27
Genre: Business & Economics
ISBN: 1317417119

Climate change, sometimes thought of as a problem for the future, is already impacting people’s lives around the world: families are losing their homes, lands and livelihoods as a result of sea level rise, increased frequency and intensity of storms, drought and other phenomena. Following several years of preparatory work across the globe, legal scholars, judges, UN officials and climate change experts from 11 countries came together to finalise a new normative framework aiming to strengthen the right of climate-displaced persons, households and communities. This resulted in the approval of the Peninsula Principles on Climate Displacement within States in August 2013. This book provides detailed explanations and interpretations of the Peninsula Principles and includes in-depth discussion of the legal, policy and programmatic efforts needed to uphold the standards and norms embedded in the Principles. The book provides policy-makers with the conceptual understanding necessary to ensure that national-level policies are in place to respond to the climate displacement challenge, as well as a firm sense of the programme-level approaches that can be taken to anticipate, reduce and manage climate displacement. It also provides students and policy advocates with the necessary information to debate and critique responses to climate displacement at different levels. Drawing together key thinkers in the field, this volume will be of great relevance to scholars, lawyers, legal advisors and policy-makers with an interest in climate change, environmental policy, disaster management and human rights law and policy.

Post-Conflict Property Restitution (2 vols)

Post-Conflict Property Restitution (2 vols)
Author: Margaret Cordial
Publisher: BRILL
Total Pages: 1876
Release: 2009-09-14
Genre: Law
ISBN: 9004180672

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

Post-Conflict Property Restitution
Author: Margaret Cordial
Publisher: Martinus Nijhoff Publishers
Total Pages: 1877
Release: 2009-09-01
Genre: Law
ISBN: 9004155600

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.

The Property Rights of Refugees and Internally Displaced Persons

The Property Rights of Refugees and Internally Displaced Persons
Author: Anneke Smit
Publisher: Routledge
Total Pages: 268
Release: 2012-05-23
Genre: Law
ISBN: 1136331433

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.

National Perspectives on Housing Rights

National Perspectives on Housing Rights
Author: Scott Leckie
Publisher: BRILL
Total Pages: 339
Release: 2021-10-18
Genre: Law
ISBN: 9004482121

More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the national and local level. Chapters from recognised housing rights practitioners from Brazil, Canada, India, Kenya, Mexico, Nigeria, Philppines, South Africa, the US and elsewhere provide some of the first national-level legal analyses of the implementation of housing rights standards recognised under international law. A foreword by Nelson Mandela and a preface by international legal scholar Professor Philip Alston provide interesting perspectives on the fundamental role of housing rights within the broader human rights field.