Transitional Justice and Property: Inextricably Linked

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 propert...

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Bibliographic Details
Published in:Annual review of law and social science 2021-01, Vol.17 (1), p.227-238
Main Author: Alviar García, Helena
Format: Article
Language:English
Subjects:
Civil war
Governance
Humanities and Social Sciences
Justice
Law
Literature reviews
Neoliberalism
peace agreements
Peace negotiations
Property
property redistribution
reparation
Reparations
Restitution
Transitional justice
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Summary: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.
ISSN:1550-3585
1550-3631
DOI:10.1146/annurev-lawsocsci-120920-085908