Refugee Repatriation: Justice, Responsibility and Redress

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Cambridge University Press, Mar 21, 2013 - Law - 294 pages
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Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.
 

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Contents

Introduction
1
Theoretical implications of the focus on repatriation
8
Structure and scope of analysis
16
a minimum account
44
legal provisions on repatriation
51
return and redress return as redress
61
the modern reparations
71
A norm in progress
92
Return and redress in Bosnia and Herzegovina
122
Return and redress in Mozambique
149
Analysis of case studies
173
Beyond repair? Grappling with hard cases
191
Just return and the Palestinian refugees
207
Conclusion
239
Bibliography
248
Index
285

Historical experiences of return and redress
95

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About the author (2013)

Megan Bradley is an Assistant Professor in Conflict Studies at Saint Paul University and a Fellow in the Foreign Policy Program at the Brookings Institution. She holds a doctorate in international relations from St Antony's College, University of Oxford. Her research on forced migration, transitional justice, peacebuilding and development has appeared in edited collections and journals including the Journal of Refugee Studies, the Refugee Survey Quarterly, the International Journal of Political Theory and Development in Practice. Dr Bradley is the recipient of multiple grants and awards including the Academic Council on the United Nations System (ACUNS) Dissertation Prize, and a three-year research grant from the Social Sciences and Humanities Research Council of Canada. She has worked with a range of organisations concerned with humanitarian, human rights and development issues including the Office of the United Nations High Commissioner for Refugees, the International Development Research Centre and the Canadian Department of Foreign Affairs and International Trade.

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