Internal Displacement And The Law

Author : Romola Adeola
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 49,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788975452

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The Internally Displaced Person in International Law by Romola Adeola Pdf

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
Page : 241 pages
File Size : 43,8 Mb
Release : 2022
Category : Internally displaced persons
ISBN : 9780198868446

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Internally Displaced Persons and International Refugee Law by Bríd Ní Ghráinne Pdf

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 : Walter Kälin
Publisher : Oxford University Press
Page : 385 pages
File Size : 43,6 Mb
Release : 2023-06-26
Category : Law
ISBN : 9780192899330

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Internal Displacement and the Law by Walter Kälin Pdf

The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.

Author : Walter Kälin
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2023
Category : Internally displaced persons
ISBN : 0191983667

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Internal Displacement and the Law by Walter Kälin Pdf

This publication provides a comprehensive view of displacement and explores what international and domestic law can contribute to prevent, address, and resolve internal displacement. It emphasizes the primary responsibility of states to address the needs of internally displaced persons and views them as citizens with rights and agency.

Author : Phil Orchard
Publisher : Routledge
Page : 227 pages
File Size : 43,9 Mb
Release : 2018-11-01
Category : Political Science
ISBN : 9781317629405

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Protecting the Internally Displaced by Phil Orchard Pdf

Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.

Author : Romola Adeola
Publisher : Taylor & Francis
Page : 120 pages
File Size : 53,8 Mb
Release : 2022-04-28
Category : Political Science
ISBN : 9781000513363

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Internally Displaced Persons and the Law in Nigeria by Romola Adeola Pdf

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 : Anonim
Publisher : Unknown
Page : 664 pages
File Size : 49,6 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134486492

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Incorporating the Guiding Principles on Internal Displacement Into Domestic Law by Anonim Pdf

Author : Romola Adeola
Publisher : Springer
Page : 113 pages
File Size : 48,7 Mb
Release : 2022-08-11
Category : Science
ISBN : 303066886X

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National Protection of Internally Displaced Persons in Africa by Romola Adeola Pdf

This volume examines the protection of internally displaced persons (IDPs) through an interdisciplinary lens, with a focus on IDPs in Africa. The novelty of this book resonates from the fact that it explores national perspectives on internal displacement, with the aim of providing a well-grounded engagement on the subject of internal displacement, for which very little exists. The chapter authors are drawn from various disciplines and institutional backgrounds, and provide context-based analysis and examine the situation in countries with significant population displacement. The work is a timely engagement, as the issue of internal displacement has emerged as a pertinent concern in Africa. Each of the chapters in this book draw on significant context-based knowledge and on issues for which there is a need for pertinent attention across the African countries. This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the field of migration, forced migration, and regional institutions.

Author : Roberta Cohen,Francis M. Deng
Publisher : Rowman & Littlefield
Page : 450 pages
File Size : 50,6 Mb
Release : 2012-01-27
Category : Political Science
ISBN : 0815791356

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Masses in Flight by Roberta Cohen,Francis M. Deng Pdf

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 : Isabel M. Borges
Publisher : Routledge
Page : 245 pages
File Size : 55,9 Mb
Release : 2018-12-07
Category : Law
ISBN : 9781351361798

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Environmental Change, Forced Displacement and International Law by Isabel M. Borges Pdf

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 : David James Cantor
Publisher : BRILL
Page : 673 pages
File Size : 40,6 Mb
Release : 2018-05-09
Category : Law
ISBN : 9789004364363

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Returns of Internally Displaced Persons during Armed Conflict by David James Cantor Pdf

This book presents a detailed study of the return of conflict-afffected internally displaced persons (IDPs) under international law. Part I of the book undertakes a wide-ranging analysis of the scope of protection under existing international law for IDP returns. Part II addresses the implementation of the international framework in practice through a case study of the national law, policy and practice of IDP returns during the most intense ten years of the armed conflict in Colombia. Part III, the conclusion, draws together these diffferent strands of analysis.

Author : Veronica Patience Fynn
Publisher : Lulu.com
Page : 262 pages
File Size : 46,8 Mb
Release : 2010-09-29
Category : Law
ISBN : 9780557509874

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Legal Discrepancies: Internal Displacement of Women and Children in Africa by Veronica Patience Fynn Pdf

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 : Gouda Bushra Ali Gouda
Publisher : Vandeplas Pub.
Page : 0 pages
File Size : 44,5 Mb
Release : 2009
Category : Civil war
ISBN : 1600420702

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Internal Displacement Law and Policy by Gouda Bushra Ali Gouda Pdf

Internal displacement is one of the tragic challenges the international community has encountered since the early 1980s. Every day 10,000 persons are forced to flee their homes primarily because of internal armed conflicts. It is believed that one in every 130 persons in the world is forced into flight resulting both in internal and external displacement. They indeed suffer massive human rights violations and persecutions. Regrettably, the international community has not yet developed an adequate international legal framework to address this gut-wrenching phenomenon. This book comprehensively articulates the law applicable to the problem of internal displacement and provides a thorough analysis of the legal norms applicable to this problem. Examination of the law, policy and jurisprudence applicable to this problem is the focal point of this book. The book basically integrates the human rights law as applied to internally displaced persons with humanitarian law and the international system of protection norms from other areas of international law. The development of this law nationally is also discussed in this book; model of laws that have been enacted to deal with this problem are included, as well as stimulating intellectual discussion about jurisprudential issues relating to this law. The book also addresses ways to proceed forward with the law of internal displacement. About the author: Gouda Bushra Ali Gouda is a Doctor of International Legal Studies with special emphasis on Public International Law, Human Rights law, Intellectual Property and International politics. He obtained his first law degree from Khartoum University, Sudan, and then obtained a LL.M degree from Indiana University, Indianapolis, and SJD in International Legal Studies from Golden Gate University, San Francisco, California with distinction for his research in the subject of Internal Displacement. He currently works on various research projects including other areas of International Law; namely International Intellectual Property and Law and Democracy in Africa.

Author : Catherine Phuong
Publisher : Cambridge University Press
Page : 326 pages
File Size : 52,9 Mb
Release : 2005-01-27
Category : Political Science
ISBN : 1139442260

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The International Protection of Internally Displaced Persons by Catherine Phuong Pdf

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 : Bríd Ní Ghráinne
Publisher : Oxford University Press
Page : 241 pages
File Size : 43,9 Mb
Release : 2022-03-15
Category : Law
ISBN : 9780192638922

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Internally Displaced Persons and International Refugee Law by Bríd Ní Ghráinne Pdf

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.