Exile within Borders

A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons

Series:

Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
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Biographical Note

Gabriel Cardona-Fox, Ph.D., University of Texas, is a post-doctoral fellow at the Bologna Institute for Policy Research. He has an MA from Johns Hopkins SAIS and a BA from Princeton. He previously worked at the Internal Displacement Monitoring Centre (IDMC) in Geneva.

Table of contents

Acknowledgements
List of Figures and Tables

1 Introduction
 1 History of the International idp Regime
 2 Hypotheses and Main Argument
  2.1  Rationalist-Instrumentalism
  2.2  Constructivism
  2.3  Domestic Factors
 3 Methods
  3.1  Large-N Statistical Analysis of Global Patterns of Compliance with the Guiding Principles
  3.2  Extensive Primary Data Collection
  3.3  Case Selection Justification

2 Large-n Study of Commitment with the Guiding Principles
 1 Introduction
 2 Commitment vs. Implementation
 3 Dataset
  3.1  The Universe of Cases
  3.2  Dependent Variable
  3.3  Key Determining Factors
  3.4  Factors Relating to Normative International Pressure
  3.5  Factors Relating to International Instrumental Pressure
  3.6  Variables Relating to Cultural Match
  3.7  Possible Intervening Domestic Structural Factors
 4 Why Commitment Matters: The Effect of Commitment on the Magnitude of Displacement
 5 Evolution of Commitment with the Guiding Principles
  5.1  Growth in Commitment
 6 Impact of unhcr involvement in idp Crises
 7 Event History Analysis
  7.1  Model Specification
  7.2  Missing Data/Multiple Imputation
  7.3  Results
 8 Discussion

3 The Road to Rhetorical Commitment: Law 387
 1 Introduction
 2 Causes of Displacement
 3 Overview of idp Crisis
 4 The Road to 387
 5 Social Mobilization
 6 Evolving Regional Support for idp s
 7 The Catholic Church
 8 Colombian Government Response
 9 International Pressure
 10 Samper Administration
 11 Failed Implementation

4 From Rhetoric to Action: Constitutional Court Sentence T-025
 1 Background to T-025
 2 Deterioration of Humanitarian Situation in Colombia
 3 Social Mobilization
 4 Decision T-025 of 2004
 5 Incorporation of the UN Guiding Principles into T-025
 6 The Internationalization of the Colombian Crisis
  6.1  International Pressure: Issue Linkage through Plan Colombia
  6.2  International Pressure: Regional Influences
 7 Commitment vs. Compliance under Uribe
 8 Conclusion

5 Victims and Land Restitution Law of 2011 (Law 1448)
 1 Law 1448
 2 Law 1448 Marks a Shift in Frame
 3 Genesis of the Law
 4 International Pressure
 5 Resistance from the Uribe Administration
 6 The Santos Administration
 7 Possible Explanations for 1448
  7.1  Presidential Leadership
  7.2  Law 1448: Key to Securing a Lasting Peace
  7.3  Law 1448: Means for Addressing Colombia’s International Isolation
  8 Law 1448: A Step Backwards?
  9 Law 1448: A Major Step Forward
  10 Law 1448: Final Assessment
  11 The Colombian Case Study

6 Conclusion
 1 The Centrality of Regional Effects
  1.1  Regional Cultural Match
  1.2  Regional Concentration of Transnational Activism
  1.3  Regional Inter-Governmental Institutions
  1.4  Neighboring Hegemon
 2 Commitment to Implementation and Compliance
 3  unhcr
 4 Domestic Institutions
 5 Conclusion

Appendix: Guiding Principles on Internal Displacement
Bibliography
Index

Readership

Of interest to academics, policy practitioners and activists involved in the promotion of the IDP regime and other humanitarian and legal efforts that rely on a “soft law” approach.