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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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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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Digital reference service (also known as virtual reference) has become a contentious topic in the library literature, as some critics feel that it threatens reference service more than it enhances it. Through this paper it is hoped that the debate can be refocused after a careful assessment of what exactly digital reference technology can afford and what social impact such affordances could bring. The suggestion will be made that digital reference should be employed as a means to provide reference service as long as the service is designed to play to the strengths of the technology. As such, it is recommended that libraries pursue digital reference service that is local, professional, and with privacy constraints.
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"Human Rights in an International Protectorate: Kosovo’s Ombudsman" published on 01 Jan 2001 by Brill | Nijhoff.
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The arguments raised by opponents of parallel importation can be divided into two broad categories: an economic argument relating to the detrimental effect of intra-brand competition and an intellectual property (IP) argument relating to the interpretation of the relevant IP statutes to prohibit parallel importation. As a vehicle for controlling or prohibiting parallel importation it is not at all clear that IP law was specifically intended to address the issue of parallel importation. Statutory protection of IP did not arise out of any concept of natural justice or any related theory underlying property ownership at common law but rather, out of a conscious policy decision on the part of Government. Increased IP protection has become integral to the US and Canada's perceptions of their future economic growth. The law of restitution68 or the development of misappropriation/unfair competition principles have been suggested as viable means of offering some form of protection to right-holders and distributors without broadening the IP monopoly.
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