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Title: Challenges in the law of IDP returns
Author: Hudson, Ben
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2019
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Today the world faces the greatest internal displacement crisis it has ever known. As of the end of 2017, a total of 40 million people are internally displaced due to conflict and violence. Add to this the 18.8 million new disaster-induced displacements in 2017 alone, and the total global IDP figure now far exceeds the number of refugees worldwide. The precise focus of this Thesis is on the IDP right to return. As this Thesis comprehensively demonstrates, despite multiple high-level proclamations in support of an IDP right to return, any such explicit legal right applicable to all IDPs remains elusive in international law. What exists is a patchwork of context-specific rights and a general IDP right to return that remains to be deduced from general international law provisions. As will be argued in this Thesis, this legal landscape has a demonstrable impact on the very essence of the IDP right to return. This impact is felt in terms of eligibility, as well as in respect to issues of reparation and time. The consequence of this continuing omission of an explicit general IDP right to return in international law is that return remains subject to limitations and restrictions to which the right to return to one's own country is not exposed. Not only does this therefore have profound consequences for IDP movement-related rights and the securing of durable solutions, but it sustains an increasingly unjustifiable gulf in protection between those subject to involuntary movement who have crossed an internationally-recognised border and those who have not. In addition, it reveals a variation in IDP rights standards not envisaged by an international legal regime that otherwise seeks to espouse equality as its overarching aim.
Supervisor: Evans, Malcolm ; Acosta Arcarazo, Diego Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Internal Displacement ; Human Rights ; International Law ; Migration ; Law