The Right not to be Displaced in International Law

By Michele Morel

Every year, millions of people worldwide are forced to leave their homes and become displaced due to a variety of causes, including conflict, persecution, development projects, and natural disasters. This book explores the role of international human rights law in protecting people against involuntary displacement. It does so with reference to the idea of a 'human right not to be displaced' and examines its existence, desirability, content, and enforcement. The book begins with a discussion of the meaning of 'displacement' and clarifies how this phenomenon can be framed as a human rights issue. It then deals with the question of how new human rights come into existence and under what conditions their creation or emergence is desirable. Against this background, the current status of the right not to be displaced in international law is thoroughly analyzed. The final section of the book examines the desired future for this emerging human right. The book contributes to a better understanding of the international legal framework for the protection of people against their forced movement, as well as to the search for more powerful, tenacious legal mechanisms to prevent or mitigate human displacement. While many works have been written on various legal issues surrounding the protection from specific forms of displacement, this book treats the topic in a comprehensive manner, considering displacement broadly, approaching the issue from a rights-based perspective, and analyzing the complete framework of relevant normative developments at the international level. (Series: International Law - Vol. 13)

Publication Date: 3/7/2014
Format: Cloth
ISBN: 9781780682051