Property Law Aspects of Refugee and IDP Returns: Case Studies of Georgia and Kosovo

This chapter begins with overview of international law protections of a displaced person’s right to return to his or her home of origin. It focuses on the case studies of Kosovo and Georgia and considers the international community’s approach ‘on the ground’. The chapter addresses some of the weaknesses of an approach which relies to too great an extent on property restitution mechanisms as vehicles by which to encourage refugee and internally displaced persons (IDP) returns and protect such individuals’ rights to housing and the enjoyment of their property. IDPs’ lack of willingness to return may be related not only to political uncertainty in their area of origin, but also to ways in which they have adapted over time to circumstances in the place where they have taken refuge. The right to return to one’s home of origin, and the corresponding right to housing and property restitution for displaced persons, has been increasingly articulated in peace agreements and UN documents.

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