The state of internal displacement : in search of protection for internally displaced persons
Title: The state of internal displacement : in search of protection for internally displaced persons
Author: SILSKA, Magdalena
Citation: Florence : European University Institute, 2014
Series/Number: EUI PhD theses; Department of Law
Internal displacement is one of the most pressing humanitarian, human rights and security problems faced today by the international community. As a rapidly increasing phenomenon, internal displacement is putting intense pressure on international law and its capacity for adaptation to new realities and challenge. The present thesis aims at examining the phenomenon of internal displacement and concentrates in particular on the legal and institutional framework and measures guaranteeing protection for internally displaced populations worldwide. Toward this goal, I assess the role of international law and try to ascertain which legal norms are applicable to protect internally displaced persons. As a second step, I analyze the question of responsibility for the protection of internally displaced persons, i.e. whether this lies with the state of origin through its national law, or rather with the international community and the provisions of international law. Further, I discuss the activities and actions of the international and regional organisations, i.e. the European Union and relevant bodies of the United Nations, and their contribution to the protection of internally displaced persons. Although the protection of internally displaced should be based in law, it requires institutional mechanisms and actors to give it practical effect. While concluding and identifying the existing gaps in legislation and institutional framework, I demonstrate that internally displaced persons should become the objects of a specific system of law and protection. At the same time, I hope to contribute to the contemporary debate promoting efforts to strengthen the protection of internally displaced persons and to disseminate knowledge about this vulnerable group.
LC Subject Heading: Internally displaced persons -- Legal status, laws, etc; Refugees -- Legal status, laws, etc; Human rights
Defence date: 7 July 2014; Examining Board: Professor Francesco Francioni, European University Institute (Supervisor) Professor Nehal Bhuta, European University Institute Professor Władysław Czapliński, Polish Academy of Sciences Professor Federico Lenzerini, University of Siena.
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