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Property Rights and Transitional Justice: A Forward-Looking Argument

32 Pages Posted: 20 Aug 2012  

Nahshon Perez

Bar Ilan University

Date Written: August 19, 2012

Abstract

This article aims to describe a forward looking approach to the problem of property rights in transitional justice contexts. Undemocratic regimes violate property rights in various ways, from simple thievery to violations of opportunities to appropriate. Post transition situations entail an obligation to correct such injustices therefore. However, returning to the status quo ante is complex, costly, and requires information that is often not available. An alternative is the suggested FCR: forward looking, commensurable and redistributive. Such an approach emphasizes the creation of a baseline of ownership and welfare, rather than an attempt to return to the status quo ante.

Suggested Citation

Perez, Nahshon, Property Rights and Transitional Justice: A Forward-Looking Argument (August 19, 2012). Available at SSRN: https://ssrn.com/abstract=2132225 or http://dx.doi.org/10.2139/ssrn.2132225

Nahshon Perez (Contact Author)

Bar Ilan University ( email )

Ramat Gan
Ramat Gan, 52900
Israel

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