It delves into the complexities and evolving nature of international legal frameworks that govern the right of return, arguing that it is also a Ccustomary İinternational Llaw (CIL) norm.
The research utilizes a doctrinal methodology to analyze treaties, declarations, resolutions, and case law pertaining to forced displacement and the right of return. It explores the philosophical backgrounds and practical applications of the right of return, highlighting its significance in resolving the challenges faced by displaced populations. The thesis examines different viewpoints among scholars and legal practitioners regarding the enforceability and recognition of the right of return.
Key findings suggest that while the right of return is widely recognized in various international legal instruments, its application and enforcement remain inconsistent across different jurisdictions and circumstances. The study highlights the importance of enhancing legal mechanisms and international cooperation to facilitate the safe and dignified return of refugees to their places of origin, advocating for a balance between state sovereignty and the universal rights of displaced individuals.
Through an exploration of historical precedents, current jurisprudence, and state practices, the thesis contributes to a deeper understanding of the right of return, advocating for its recognition as an essential component of a sustainable solution to global displacement crises. This research aims to inform policymakers, legal scholars, and international organizations, fostering a more effective and humanitarian approach to addressing the needs of forcibly displaced populations.
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