Developing the IDP Guiding Principles

The Guiding Principles on Internal Displacement were introduced in 1998. Since that time, they have been the focus of a number of studies, articles, and books. The following titles look more particularly at the process of developing the Principles, their status in international law, and their impact.

Bagshaw, Simon (2005), Developing a Normative Framework for the Protection of Internally Displaced Persons , Transnational Publishers.
- This book presents the Guiding Principles as an example of how it is not always necessary to develop a treaty, or seek a "hard" law solution, in order to effectively address human rights protection issues.

Cohen, Roberta (2004), "The Guiding Principles on Internal Displacement: An Innovation in International Standard Setting," Global Governance, vol. 10, pp. 459–480.
- The author analyzes "the origin and development of the Guiding Principles, the reasons for their growing international usage, the validity of the reservations about them, and finally the question of whether the process that developed them truly constitutes a turning point in standard setting reflecting a greater role for the nongovernmental community in developing international norms of conduct for states."

Entwisle, Hannah (2005), "Tracing Cascades: The Normative Development of the UN Guiding Principles on Internal Displacement," Georgetown Immigration Law Journal, vol. 19, no. 3, pp. 369-390.
- "The underlying purpose of this inquiry is twofold: one, to understand how and why States have chosen to adopt the Guiding Principles domestically, absent anyinternational legal obligation to do so, and two, to explore whether the development of the IDP norms provides any insight to lawyers seeking to enhance the overall security and protection of civilians in internal armed conflict."

Kälin, Walter (2005), "The Role of the Guiding Principles on Internal Displacement," Forced Migration Review, no. 24.
- Emphasizes importance of incorporating the Guiding Principles into domestic law.

Kälin, Walter (2001), "How Hard is Soft Law? The Guiding Principles on Internal Displacement and the Need for a Normative Framework," presented at Ralph Bunche Institute for International Studies RoundtableNew York, December 19, 2001.
- This lecture argues "that the preparation of a treaty or even a General Assembly declaration would not have been a realistic option when it came to protecting IDPs. ...[and] it show[s] that despite their non-binding character, the Guiding Principles are not without legal significance and that the approach chosen by the Representative has specific practical advantages."

Kälin, Walter (2000), "The Guiding Principles on Internal Displacement: Annotations,"
ASIL Studies in Transnational Legal Policy, no. 32.
- This text provides the legal basis for each principle enumerated in the Guiding Principles.

Phuong, Catherine (2005), "The International Protection of Internally Displaced Persons," Cambridge Studies in International and Comparative Law, no. 38.
- The author's second chapter provides a legal analysis/critique of the Guiding Principles.

Schmidt, Patrick (2004), "The Process and Prospects for the UN Guiding Principles on Internal Displacement to Become Customary International Law: A Preliminary Assessment," Georgetown Journal of International Law, vol. 35, no. 3, pp. 483-520.
- Reviews the typical sources of customary international law and considers whether or not the Guiding Principles meet the standard for being defined as such.

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