O - The Idea of Home in Law: Displacement and Dispossession

THE IDEA OF HOME IN LAW

Lorna Fox OMahony and James Sweeneys book bridges different branches of the law when examining the concept of home. The breadth of such an undertaking, which includes discussion on displacement in the context of conflict and the international legal implications of such, possession of the home from an English law perspective, human rights as well as home ownership in the US, is admirable. With leading scholars from a broad range of fields this book is likely to make a significant contribution to the legal field.

Rachel Murray, University of Bristol, UK

Series Editor: Robin Paul Malloy

The Law, Property and Society series examines property in terms of its ability to foster democratic forms of governance, and to advance social justice. The series explores the legal infrastructure of property in broad terms, encompassing concerns for real, personal, intangible, intellectual and cultural property, as well as looking at property related financial markets. The series is edited by Robin Paul Malloy, and book proposals are welcome from all interested authors.

Robin Paul Malloy is E.I. White Chair and Distinguished Professor of Law at Syracuse University College of Law, USA. He is Director of the Center on Property, Citizenship, and Social Entrepreneurism. He is also Professor of Economics (by courtesy appointment) in the Maxwell School of Citizenship and Public Affairs, Syracuse University. Professor Malloy writes extensively on law and market theory and on real estate transactions and development. He has authored six books (one now in its third edition and another in its second edition), and edited five additional books. He has also written more than 25 scholarly articles, and contributed to 12 other books. His recent books include: LAW AND MARKET ECONOMY (2000, in English and translated into Spanish and Chinese); LAW IN A MARKET CONTEXT (2004); and REAL ESTATE TRANSACTIONS 3RD EDITION (with James C. Smith, 2007).

Displacement and Dispossession

LORNA FOX OMAHONY
University of Durham, UK

JAMES A. SWEENEY
University of Durham, UK

ASHGATE

Lorna Fox OMahony and James A. Sweeney 2011

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Lorna Fox OMahony and James A. Sweeney have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

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British Library Cataloguing in Publication Data

The idea of home in law : displacement and dispossession. (Law, property and society)

1. Right of property. 2. Eviction. 3. Refugee property. 4. Eminent domain (International law)

I. Series II. Fox OMahony, Lorna. III. Sweeney, James A.

346.04-dc22

Library of Congress Cataloging-in-Publication Data

The idea of home in law : displacement and dispossession / Lorna Fox OMahony and James A. Sweeney.

p. cm.

Includes index.

ISBN 978-0-7546-7947-9 (hardback) -- ISBN 978-0-7546-9886-9 (ebook)

1. Right to housing. 2. Housing--Law and legislation. 3. Refugees-Legal status, laws, etc. 4. Home-Social aspects. I. Fox OMahony, Lorna. II. Sweeney, James A.

K738.I34 2010
344.063635dc22

ISBN 978 0 7546 7947 9 (hbk)
ISBN 978 0 7546 9886 9 (ebk)
ISBN 9781409497356 (ebk-ePUB)

Printed and bound in Great Britain by TJ International Ltd, Padstow, Cornwall.

Lorna Fox OMahony and James A. Sweeney

Susan Bright

Rashmi Dyal-Chand

A.J. van der Walt

James A. Sweeney and Lorna Fox OMahony

Padraic Kenna

Susan Breau

Antoine Buyse

Lorna Fox OMahony and James A. Sweeney

Professor Susan Breau is Professor of International Law at Flinders University, Australia. She was formerly the Dorset Fellow in Public International Law at the British Institute of International and Comparative Law and Reader in International Law at the University of Surrey. Her monograph entitled Humanitarian Intervention: The United Nations and Collective Responsibility was published by Cameron May in 2005. Professor Breau is also co-author of K. Yildiz and S. Breau, The Kurdish Conflict: Political Context, the Law of Armed Conflict, and Post-Conflict Mechanisms (Routledge 2010); co-editor of E. Wilmshurst and S. Breau (eds), Perspectives on the ICRC Study on Customary International Humanitarian Law (Cambridge University Press, 2007) and J. Rehman and S. Breau (eds), Religion, Human Rights and International Law (Martinus Nijhoff, 2007). She has published several chapters and articles on various aspects of international law and the international protection of human rights.

Professor Susan Bright is a Professor in Land Law at New College, Oxford University. The majority of her publications are in the field of real property law. Her most recent book, Landlord and Tenant Law in Context (Hart, 2007), weaves together discussion of law and policy in both the residential and commercial property sectors. In her current research she is exploring legal models for the delivery of affordable housing, and the challenge of greening commercial tenanted property.

Dr Antoine Buyse is Associate Professor at the Netherlands Institute of Human Rights (SIM), Utrecht University, where he teaches the courses International Human Rights at University College, and Economic, Social and Cultural Rights in the human rights LL.M. programme. His research interests are the European Convention on Human Rights (ECHR), human rights in post-conflict situations, housing rights, and the freedom of expression. He is author of Post-Conflict Housing Restitution: The European Human Rights Perspective, with a Case Study on Bosnia and Herzegovina (Intersentia: Antwerpen 2008), as well as several journal articles. His work has been awarded the Erasmus Research Prize 2008, the Max van der Stoel Award 2008, the G.J Wiarda Prize 2008.

Professor Rashmi Dyal-Chand is Professor of Law at Northeastern University. Professor Dyal-Chands research and teaching focus on property law, poverty and economic development. Her recent projects examine credit, including microlending and credit card lending, as a means of economic development. Her current research explores property formalization and wealth accumulation by the poor in the United States. Professor Dyal-Chands article, Human Worth as Collateral, won the 2006 Association of American Law Schools scholarly papers competition for new law teachers. Her work has appeared in journals including the Stanford Journal of International Law, Tennessee Law Review, and Rutgers Law Journal. She teaches Modern Real Estate Development, Intellectual Property and Property.

Professor Lorna Fox OMahony is Professor of Law at Durham University. She is author of Conceptualising Home: Theories, Laws and Policies (2006, Hart Publishing), which was awarded First Prize in the Society of Legal Scholars Birks Prizes for Outstanding Legal Scholarship (2007), and was shortlisted for the Socio-Legal Studies Association Book Prize (2008). Her work to develop a legal concept of home is often cited as laying the foundations for new approaches to the idea of home in law, including giving content to rights to housing and home. Lorna is Associate Editor-in-Chief of the