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Law and policy on post-conflict restitution

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)peer-review

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Law and policy on post-conflict restitution. / Sweeney, James.

International law and post-conflict reconstruction policy. ed. / Matthew Saul; James A. Sweeney. London : Routledge, 2015. p. 286-308 (Post-Conflict Law and Justice).

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)peer-review

Harvard

Sweeney, J 2015, Law and policy on post-conflict restitution. in M Saul & JA Sweeney (eds), International law and post-conflict reconstruction policy. Post-Conflict Law and Justice, Routledge, London, pp. 286-308.

APA

Sweeney, J. (2015). Law and policy on post-conflict restitution. In M. Saul, & J. A. Sweeney (Eds.), International law and post-conflict reconstruction policy (pp. 286-308). (Post-Conflict Law and Justice). Routledge.

Vancouver

Sweeney J. Law and policy on post-conflict restitution. In Saul M, Sweeney JA, editors, International law and post-conflict reconstruction policy. London: Routledge. 2015. p. 286-308. (Post-Conflict Law and Justice).

Author

Sweeney, James. / Law and policy on post-conflict restitution. International law and post-conflict reconstruction policy. editor / Matthew Saul ; James A. Sweeney. London : Routledge, 2015. pp. 286-308 (Post-Conflict Law and Justice).

Bibtex

@inbook{f0fca45b0955493a86c770edcfa942d5,
title = "Law and policy on post-conflict restitution",
abstract = "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 {\textquoteleft}legal{\textquoteright}, 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. ",
keywords = "Restitution, transitional justice, post-conflict justice, policy, human rights",
author = "James Sweeney",
year = "2015",
month = may,
day = "26",
language = "English",
isbn = "9781138780118",
series = "Post-Conflict Law and Justice",
publisher = "Routledge",
pages = "286--308",
editor = "Matthew Saul and Sweeney, {James A.}",
booktitle = "International law and post-conflict reconstruction policy",

}

RIS

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 -