Internal Displacement Law And Policy

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The Internally Displaced Person in International Law

Author : Romola Adeola
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 51,8 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.

Internal Displacement Law and Policy

Author : Gouda Bushra Ali Gouda
Publisher : Vandeplas Pub.
Page : 0 pages
File Size : 43,8 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.

Protecting the Internally Displaced

Author : Phil Orchard
Publisher : Routledge
Page : 227 pages
File Size : 54,7 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.

Internal Displacement and the Law

Author : Walter Kälin
Publisher : Oxford University Press
Page : 385 pages
File Size : 47,9 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.

National Protection of Internally Displaced Persons in Africa

Author : Romola Adeola
Publisher : Springer
Page : 113 pages
File Size : 40,8 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.

Internal Displacement and the Law

Author : Kalin
Publisher : Oxford University Press
Page : 385 pages
File Size : 41,5 Mb
Release : 2023-05-19
Category : Law
ISBN : 9780192899316

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Internal Displacement and the Law by Kalin 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.

Exile within Borders

Author : Gabriel Cardona-Fox
Publisher : BRILL
Page : 228 pages
File Size : 40,6 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004375567

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Exile within Borders by Gabriel Cardona-Fox Pdf

Exile within Borders presents a systematic and global first look at patterns of commitment and compliance with the international regime to protect internally displaced persons (IDPs), two decades after its inception.

Protracted Displacement in Asia

Author : Howard Adelman
Publisher : Routledge
Page : 282 pages
File Size : 51,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317074083

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Protracted Displacement in Asia by Howard Adelman Pdf

In a protracted displacement situation, refugees are sequestered in camps without right of mobility or employment; their lives remain on hold and stagnate in a state of limbo for a long period. This book reviews the situation and results of research and policies that have left refugees as a forgotten group in protracted situations. The work features case studies by experts who conducted field work examining long-term protracted refugee situations in Nepal, Thailand and Bangladesh, the protracted internally displaced (IDP) situation in Sri Lanka, and the refugee and IDP situation in Afghanistan. Also discussed is an emerging protracted refugee and IDP problem in Iraq. The volume concludes with an analysis of the lessons learned and the applications for policy, and incorporates a valuable bibliography detailing research in this hugely important area. This is a critical resource for academics and policy makers concerned with migration and governance issues.

Masses in Flight

Author : Roberta Cohen,Francis M. Deng
Publisher : Rowman & Littlefield
Page : 450 pages
File Size : 51,9 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.

Internally Displaced Persons and the Law in Nigeria

Author : Romola Adeola
Publisher : Taylor & Francis
Page : 120 pages
File Size : 42,5 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.

Masses in Flight

Author : Roberta Cohen,Francis M. Deng
Publisher : Rowman & Littlefield
Page : 438 pages
File Size : 47,8 Mb
Release : 2012-01-27
Category : Political Science
ISBN : 9780815791355

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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.

Internally Displaced Persons and International Refugee Law

Author : Bríd Ní Ghráinne
Publisher : Oxford University Press
Page : 241 pages
File Size : 48,9 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.

Emerging Issues in Internal Displacement in Africa

Author : Romola Adeola
Publisher : Springer Nature
Page : 75 pages
File Size : 52,8 Mb
Release : 2021-02-12
Category : Science
ISBN : 9783030645625

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Emerging Issues in Internal Displacement in Africa by Romola Adeola Pdf

This book focuses on emerging issues related to internal displacement in Africa. The six principal issues discussed are climate change, technology, xenophobia, harmful practices, generalized violence and development projects. Increasingly, the need to understand the root causes of the dimensions of internal displacement and the dimensions in which this displacement manifests have become a pertinent rhetoric in the discussion on internal displacement. Therefore, this monograph examines emerging issues for which there is very little in the internal displacement discussion, with the aim of providing knowledge within African regional contexts to advance law and policy formation. The novelty of this book lies in the fact that it moves beyond the conventional discussion on internal displacement into grey areas on the subject in Africa, leveraging the African Union Convention for the Protection and Assistance of Internally Displaced Persons (the Kampala Convention). This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the fields of migration, forced migration, and regional institutions.

The International Protection of Internally Displaced Persons

Author : Catherine Phuong
Publisher : Cambridge University Press
Page : 326 pages
File Size : 49,6 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.