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Smit, A. (2010). A ‘Sea of Tiny Houses’: Novel Approaches to Ending Forced Displacement Following the 2008 Russia–Georgia Conflict. In J. A. Green & C. P. M. Waters (Eds.), Conflict in the Caucasus: Implications for International Legal Order (pp. 136–152). Palgrave Macmillan UK. https://doi.org/10.1057/9780230292413_7

The approach of both domestic Georgian authorities and international organisations to solving the displacement crisis created by the 2008 Russia–Georgia conflict charted a new path.1 It was radically different than approaches taken in the early 1990s when Georgia was faced with mass displacements following the secessionist conflicts in South Ossetia and Abkhazia. In particular, the expectation that a prompt return to homes of origin would be the preferred durable solution to the displacement was quickly abandoned for a sizeable number of internally displaced persons (IDPs) forced to leave their homes during the 2008 conflict. In its place, the two other theoretically accepted – but much less widely used – durable solutions to displacement (local integration and resettlement) have been embraced with unprecedented speed and vigour, with both funding and logistical support in place to implement such plans.

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Waters, C. P. M. (2010). The Caucasus Conflict and the Role of Law. In J. A. Green & C. P. M. Waters (Eds.), Conflict in the Caucasus: Implications for International Legal Order (pp. 8–25). Palgrave Macmillan UK. https://doi.org/10.1057/9780230292413_2

At the turn of this century, the editors of a special issue of the journal International Organization suggested that a greater ‘move to law’ was occurring and that a trend towards the ‘legalization of world politics’ was taking place.1 While this view was contemporaneously criticised as presenting a simplistic conception of law, one which failed to adequately account for the dynamic interaction between norms and policies and between legal and political actors,2 the basic insight that international law and politics intersected seemed undeniable. The 2003 Iraq invasion shook this view. Realists (and ‘neo-cons’ who thought of themselves as realists) were quick to point out that hard power was back – if indeed it had ever gone – and that any ‘liberal moment’ that had emerged in the 1990s (evidenced by robust collective action through the Security Council and the creation of the International Criminal Court, among other things) had ended.3 Many legal scholars perceived a ‘crisis in confidence’ for international law. Some responded to this ‘crisis’ by suggesting that international law reorient itself to new threats and new realities, chipping away for example at the 1945 United Nations (UN) Charter framework that restricted the use of force to narrow exceptions.4

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Bahdi, R. (2009). Torture, tort and terror : the non-delegable duty to protect nationals from torture in the context of anti-terrorism. In L. Bélanger-Hardy, S. Rodgers, & R. Ruparelia (Eds.), Critical torts. LexisNexis.

Ceric, I. (2009). Canada, Law and Public Protest: History. In The International Encyclopedia of Revolution and Protest (pp. 1–4). John Wiley & Sons, Ltd. https://doi.org/10.1002/9781405198073.wbierp0291

Moments of protest and rebellion have always challenged systems of power and authority, but particularly since the rise of the liberal democratic state, laws and legal institutions have mediated the tensions and contradictions between individuals, social movements, and the existing order. In the Canadian context, the ongoing history of law and social protest has been shaped by the evolution of a legal framework inherited from England but continually altered by the demands of settlement and nation building, and more recently, by constitutional rights guarantees. While criminalization of dissent, particularly of street demonstrations and other forms of collective action, remains a key issue in studies of the relationship between law and protest, law has also become a tool of resistance in itself, either in conjunction with or instead of other forms of mobilization.

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Ceric, I. (2009). Clayoquot Sound. In The International Encyclopedia of Revolution and Protest (pp. 1–2). John Wiley & Sons, Ltd. https://doi.org/10.1002/9781405198073.wbierp0357

In the summer of 1993, Clayoquot Sound, a mostly wilderness area of ancient temperate rainforest on Vancouver Island in British Columbia (BC), became the site of the largest civil disobedience campaign in Canadian history. Almost 900 people were arrested during four months of protests over the fate of Clayoquot Sound's rare ecology, resulting in a series of mass trials unique in Canadian law (Hatch 1994). Although there had been intermittent protests over logging and other resource development in the area for over two decades, particularly by the Nuu-chah-nulth First Nation and local environmentalists, a decision by the government of BC in April 1993 to allow clearcut logging in 62 percent of Clayoquot Sound catalyzed the rapid emergence of a preservation movement with both domestic and international dimensions.

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Jacobs, B. (2009). Response to Canada’s Apology to Residential School Survivors. In P. A. Monture & P. D. McGuire (Eds.), First voices: an Aboriginal women’s reader. Inanna Publications and Education.

Kalajdzic, J. (2009). Canada. In D. R. Hensler, C. J. S. Hodges, M. Tulibacka, & American Academy of Political and Social Science (Eds.), The Annals of the American Academy of Political and Social Science. Volume 622, March 2009, The globalization of class actions. SAGE Publications.

Senthe, S. (2009). Legal Opinions in International Financial Transactions. In A. R. Manzer (Ed.), Law in international finance (p. at 14). Carswell.

Waters, C. P. M. (2009). Beyond treaty signing: Internalizing human rights in Central Eurasia. In The Politics of Transition in Central Asia and the Caucasus. Routledge.

Beyond treaty signing - 1 - Internalizing human rights in Central Eurasia

Tawfik, M. J. (2008). When Intellectual Property Rights Converge – Tracing the Contours and Mapping the Fault Lines ‘Case by Case’ and ‘Law by Law.’ In An Emerging Intellectual Property Paradigm. Edward Elgar Publishing. https://www.elgaronline.com/edcollchap/9781847205971.00020.xml

"Chapter 11: When Intellectual Property Rights Converge – Tracing the Contours and Mapping the Fault Lines ‘Case by Case’ and ‘Law by Law’" published on 28 Nov 2008 by Edward Elgar Publishing.

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Jacobs, B., & Williams, A. (2008). Legacy of Residential Schools: Missing and Murdered Aboriginal Women. In From Truth to Reconciliation: Transforming the Legacy of Residential Schools. Aboriginal Healing Foundation.

Jacobs, L. (2008). Discovering What Tribunals Do: Tribunal Standing before the Court. In A. L. Mactavish, L. A. Jacobs, & Canadian Institute for the Administration of Justice (Eds.), Dialogue between courts and tribunals: essays in administrative law and justice, 2001-2007. Éditions Thémis.

Jacobs, L. (2008). Independence, Impartiality and Bias. In C. M. Flood, L. Sossin, & G. Huscroft (Eds.), Administrative law in context. Emond Montgomery Publications. https://uwindsor.primo.exlibrisgroup.com/permalink/01UTON_UW/sgtkuc/alma9915496702181

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Jacobs, L. (2008). Introduction. In A. L. Mactavish, L. A. Jacobs, & Canadian Institute for the Administration of Justice (Eds.), Dialogue between courts and tribunals: essays in administrative law and justice, 2001-2007. Éditions Thémis.

Jacobs, L. (2008). The Expert Tribunal. In A. L. Mactavish, L. A. Jacobs, & Canadian Institute for the Administration of Justice (Eds.), Dialogue between courts and tribunals: essays in administrative law and justice, 2001-2007. Éditions Thémis.

Jacobs, L. (2008). Tribunal Independence and Impartiality: Rethinking the Theory after Bell and Ocean Port Hotel. In A. L. Mactavish, L. A. Jacobs, & Canadian Institute for the Administration of Justice (Eds.), Dialogue between courts and tribunals: essays in administrative law and justice, 2001-2007. Éditions Thémis.

Bahdi, R. (2007). Constructing Non-citizens: The Living Law of Anti-terrorism in Canada. In J. Hocking & C. Lewis (Eds.), Counter-Terrorism and the Post-Democratic State. Edward Elgar Publishing. https://doi.org/10.4337/9781847208712.00014

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Smit, A. R. (2006). Property Law Aspects of Refugee and IDP Returns: Case Studies of Georgia and Kosovo. In Migration, Diasporas and Legal Systems in Europe. Routledge-Cavendish.

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.

Jacobs, B. (2005). Gender discrimination under the Indian Act: bill C-31 and First Nations Women. In G. M. MacDonald, R. L. Osborne, & C. C. Smith (Eds.), Feminism, law, inclusion: intersectionality in action. Sumach Press.

Smit, A. R. (2005). Protecting Housing and Property Rights of the Displaced in Georgia. In C. P. M. Waters (Ed.), The State of Law in the South Caucasus (pp. 196–218). Palgrave Macmillan UK. https://doi.org/10.1057/9780230506015_11

This chapter will focus on the protection of housing and property rights of refugees and internally displaced persons (IDPs) in Georgia.1 Georgia suffered two ethnic conflicts shortly following its declaration of independence from the Soviet Union in 1991 — one in Abkhazia in western Georgia and one in South Ossetia on the Russian border. Both conflicts produced large numbers of displaced persons and left the regions administered by secessionist governments; however this chapter will focus mainly on the South Ossetian context.

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