Inclusion and Representation in the Settlement of Property Claims in the Aftermath of Armed Conflict

Theoretical Inquiries in Law (2020), Forthcoming

University of Cambridge Faculty of Law Research Paper No. 35/2019

24 Pages Posted: 7 Dec 2019 Last revised: 10 Jun 2020

See all articles by Tamar Megiddo

Tamar Megiddo

Minerva Center for the Rule of Law under Extreme Conditions, University of Haifa; Tel Aviv University Faculty of Law

Eyal Benvenisti

University of Cambridge - Lauterpacht Centre for International Law

Date Written: December 1, 2019

Abstract

This article examines the authority of states to settle individual private property claims in post-conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. In post-conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusiveness and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government.

Keywords: International Humanitarian Law, Laws of Armed Conflict, Belligerent Occupation, Property Rights, Resolution of Property Claims, Post-Conflict Peace Negotiations

Suggested Citation

Megiddo, Tamar and Benvenisti, Eyal, Inclusion and Representation in the Settlement of Property Claims in the Aftermath of Armed Conflict (December 1, 2019). Theoretical Inquiries in Law (2020), Forthcoming, University of Cambridge Faculty of Law Research Paper No. 35/2019, Available at SSRN: https://ssrn.com/abstract=3498869 or http://dx.doi.org/10.2139/ssrn.3498869

Tamar Megiddo

Minerva Center for the Rule of Law under Extreme Conditions, University of Haifa ( email )

Mount Carmel
Haifa, 31905
Israel

Tel Aviv University Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel
544456140 (Phone)

Eyal Benvenisti (Contact Author)

University of Cambridge - Lauterpacht Centre for International Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
61
Abstract Views
377
rank
384,994
PlumX Metrics