Internal Displacement Law and Policy: Analysis of International Legal Norms and Domestic Jurisprudence

Date of Award

11-2008

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Dr. Sompong Sucharitkul

Second Advisor

Professor Dr. Christian N. Okeke

Third Advisor

Professor Sophie Clavier

Abstract

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 work 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 work. The work 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; 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 work also addresses ways to proceed forward with the law of internal displacement.

Comments

This dissertation was published as, "Internal Displacement Law and Policy: Analysis of International Norms and Domestic Jurisprudence" (Vandeplas, 2009) and is available for purchase here: https://vandeplaspublishing.com/store/product.php?productid=90&cat=0&page=1

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