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American Society of International Law

The American Society of International Law is a nonprofit, nonpartisan, educational membership organization. It was founded in 1906, chartered by the U.S. Congress in 1950, and has held Category II Consultative Status to the Economic and Social Council of the United Nations since 1993. ASIL’s mission is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The Society’s 4,000 members (from nearly 100 countries) comprise attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students, and others interested in international law. For more information and to join, visit www.asil.org>.

About Elizabeth Andersen

Elizabeth “Betsy” Andersen is Executive Director and Executive Vice President of the American Society of International Law, the United States’ premier institution for advancing the study and use of international law. Ms. Andersen became Executive Director of ASIL in October 2006. She had previously served as the Executive Director of the American Bar Association’s Central European and Eurasian Law Initiative (ABA CEELI) and the Executive Director of Human Rights Watch’s Europe and Central Asia Division. Ms. Andersen’s area of expertise is international humanitarian, human rights, and refugee law.

Filling a Gap in International Law

The little known efforts of the Representative of the UN Secretary General on the Human Rights of Internally Displaced Persons are a case study in the effective development and implementation of human rights norms.  For more than a decade, the first representative, Francis Deng, and his successor, Walter Kalin, have worked to improve the status of “internally displaced persons,” or “IDPs”.   Those forced from their homes, but not across international borders, fall outside of international law protecting “refugees”.  But the hardship of the internally displaced is often no less, and with civil war and internal conflict on the rise, their numbers only grow.  Today, approximately 25 million displaced persons worldwide have been forced from their homes and communities because of armed conflict and violence.  Millions more are similarly displaced within the borders of their own countries as a result of human rights violations, natural disasters, and development projects.  Lacking the protection of international and domestic law, many displaced persons are deprived of adequate access to shelter, food, and education.  Others face discrimination, gender-based violence, forced resettlement, and other violations of their fundamental rights.  Deng and Kalin along with Manfred Nowak (Ludwig Bolzman Institute of Human Rights, Vienna) and Robert Goldman (Washington College of Law, American University, Washington, DC) have filled the gap with the “Guiding Principles on Internal Displacement.”  The principles provide a normative framework for upholding the basic rights of the internally displaced and have been carefully gleaned from existing international human rights and humanitarian law as is reflected in a new edition of Kalin’s annotations on the principles, published by ASIL in conjunction with the Brookings-Bern Project on Internal Displacement.  And as we heard at a recent ASIL Annual Meeting panel, what were once mere “guiding principles” that governments were encouraged to consider are increasingly assuming the character of “hard law.”  (Audio from the session will soon be available at http://www.prolibraries.com/asil/?select=session&sessionID=39.)  In addition, more and more states are developing national laws that implement the principles and guarantee the rights of displaced persons in the process.  While so many other sessions of the ASIL Annual Meeting highlighted the erosion of international principles,this one stood as a welcome success story. 

Published Tuesday, April 22, 2008 5:43 PM by Elizabeth Andersen
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