Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
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TY - CHAP
T1 - Law and policy on post-conflict restitution
AU - Sweeney, James
PY - 2015/5/26
Y1 - 2015/5/26
N2 - This chapter takes a critical stance on the relationship between law and policy in the area of post-conflict housing restitution. The Basic Principles and Guidelines on the Right to a Remedy are examined; and particular attention is paid to the Pinheiro Principles. Judged against such best practice policy guidance, the failure of international human rights courts and tribunals to recognise a free-standing right to restitution might seem problematic. However, the chapter argues that the state of the law is more complex that it appears; and identifies that the ‘legal’, corrective approach to restitution embodied in the Pinheiro Principles has, in any event, fallen out of favour. Instead, the complex and occasionally non-ideal findings of, in particular, the European Court of Human Rights show that a more flexible, arguably transitionally relativist, approach is sustainable.
AB - This chapter takes a critical stance on the relationship between law and policy in the area of post-conflict housing restitution. The Basic Principles and Guidelines on the Right to a Remedy are examined; and particular attention is paid to the Pinheiro Principles. Judged against such best practice policy guidance, the failure of international human rights courts and tribunals to recognise a free-standing right to restitution might seem problematic. However, the chapter argues that the state of the law is more complex that it appears; and identifies that the ‘legal’, corrective approach to restitution embodied in the Pinheiro Principles has, in any event, fallen out of favour. Instead, the complex and occasionally non-ideal findings of, in particular, the European Court of Human Rights show that a more flexible, arguably transitionally relativist, approach is sustainable.
KW - Restitution
KW - transitional justice
KW - post-conflict justice
KW - policy
KW - human rights
M3 - Chapter (peer-reviewed)
SN - 9781138780118
T3 - Post-Conflict Law and Justice
SP - 286
EP - 308
BT - International law and post-conflict reconstruction policy
A2 - Saul, Matthew
A2 - Sweeney, James A.
PB - Routledge
CY - London
ER -