deWet - Chapter 04 | eBooks | Non-Fiction

deWet - Chapter 04

deWet - Chapter 04 deWetDevelopment_04 Instant Download Price
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In referring to various legal problems associated with development-induced displacement and resettlement (DIDR), the former Senior Vice- President of the World Bank has noted that the 'scholarly literature on resettlement, to which sociologists and social anthropologists have made the main contributions, has by and large overlooked such legal aspects' (Shihata 1993: 42). A decade later, the comment continues to be relevant. This chapter attempts to contribute to filling this gap by exploring the role of international law in situations of DIDR. International legal norms are analysed in order to clarify the particular protection needs of persons displaced by development projects and to highlight accessible legal remedies. The chapter begins with an examination of the features that distinguish DIDR from other forms of forced migration. This is followed by a presentation of the international legal norms that are supposed to provide protection to persons affected by DIDR. Given the frequent problems of abuse in development projects, various strategies of remedial action available in terms of international law are also explored. The chapter concludes with a prescriptive analysis that seeks to improve the international involvement in development-induced displacement and to increase the responsibility of borrowers in ensuring respect for human rights. Introduction In referring to various legal problems associated with development-induced displacement and resettlement (DIDR), the former Senior Vice- President of the World Bank has noted that the 'scholarly literature on resettlement, to which
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