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Transitional Justice and Property: Inextricably Linked

Abstract : This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for restitution, and the debate regarding property redistribution as a part of peace negotiations. The article ends with a synthesis of the different critiques raised to the ways in which restitution and redistribution of property have been legally structured. These critiques include foregrounding neoliberalism (as an economic ideal and a governance project) in transitional justice, unveiling gender biases as well as demands for more comprehensive redistribution in the aftermath of civil war.
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Submitted on : Monday, October 25, 2021 - 4:02:31 PM
Last modification on : Monday, February 14, 2022 - 4:20:02 PM

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Helena Alviar García. Transitional Justice and Property: Inextricably Linked. Annual Review of Law and Social Science, Annual Reviews, 2021, 17 (1), pp.227-238. ⟨10.1146/annurev-lawsocsci-120920-085908⟩. ⟨hal-03402351⟩

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