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Post-Conflict and Reconciliation: Differential Treatment of the Right to Property in Zones of Conflict: Kosovo and Kypros - A Comparative Analysis

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Abstract:

For more than fifty years the right to property has been honored as a fundamental human right. As early as 1950 it was enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Yet, it has equally been repeatedly violated by forced expulsion followed by expropriation in the case of two conflicts in SE Europe: Kypros (Cyprus) (1964- …) and Kosovo (1998 - …) The proposed paper having taken stock of the property right violations during the recent history of the two conflicts proceeds to analyze the differentiated responses of two international organizations: the European Court of Human Rights (ECtHR) and the United Nations (UN) in their effort to reach a mutually acceptable and viable settlement of the complex property disputes involved in the two cases. By examining specific cases of recourses by individuals to the ECtHR the paper identifies a pattern of shifting verdicts of the Strasbourg Court over time in favor of the occupier. It points out that institutional weakness in the rapid and effective enforcement of the ECtHR decisions may lead to double standards and consequently erosion of its authority. Thus the paper argues for the need of employing universal standards and the introduction of an effective decision implementation mechanism.
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Name: ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES
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MLA Citation:

Leventis, Yiorghos. "Post-Conflict and Reconciliation: Differential Treatment of the Right to Property in Zones of Conflict: Kosovo and Kypros - A Comparative Analysis" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 <Not Available>. 2008-12-11 <http://www.allacademic.com/meta/p253312_index.html>

APA Citation:

Leventis, Y. , 2008-03-26 "Post-Conflict and Reconciliation: Differential Treatment of the Right to Property in Zones of Conflict: Kosovo and Kypros - A Comparative Analysis" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA <Not Available>. 2008-12-11 from http://www.allacademic.com/meta/p253312_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: For more than fifty years the right to property has been honored as a fundamental human right. As early as 1950 it was enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Yet, it has equally been repeatedly violated by forced expulsion followed by expropriation in the case of two conflicts in SE Europe: Kypros (Cyprus) (1964- …) and Kosovo (1998 - …) The proposed paper having taken stock of the property right violations during the recent history of the two conflicts proceeds to analyze the differentiated responses of two international organizations: the European Court of Human Rights (ECtHR) and the United Nations (UN) in their effort to reach a mutually acceptable and viable settlement of the complex property disputes involved in the two cases. By examining specific cases of recourses by individuals to the ECtHR the paper identifies a pattern of shifting verdicts of the Strasbourg Court over time in favor of the occupier. It points out that institutional weakness in the rapid and effective enforcement of the ECtHR decisions may lead to double standards and consequently erosion of its authority. Thus the paper argues for the need of employing universal standards and the introduction of an effective decision implementation mechanism.

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