| Keywords [eng] |
property rights, Article 1 of Protocol No. 1, European Court of Human Rights, occupation, effective control, displaced persons, enforcement, restitution |
| Abstract [eng] |
This thesis examines how property rights are protected under Article 1 of Protocol No. 1 of the European Convention on Human Rights in territories under foreign or de facto control, focusing on occupied regions of Georgia. While the European Court of Human Rights applies clear and predictable principles when interpreting Article 1 of Protocol No. 1, these rules often lose force in long-term occupation. Displaced people face major obstacles, as they cannot freely access their homes, many property records are destroyed or missing, effective remedies are lacking, and controlling authorities are uncooperative. Consequently, even when the Court finds a violation, this rarely leads to restitution, compensation, or real enjoyment of property. The thesis therefore argues that there is a significant gap between the legal standards set by the Court and the lived experience of individuals affected by occupation. Although the doctrine of effective control allows the Court to assign responsibility, it does not provide tools for overcoming the structural and political barriers that block enforcement. Long-term displacement, the behavior of de facto authorities, and the lack of institutional support widen the distance between rights on paper and real-world protection. To address these challenges, the thesis argues that progress depends on a combination of practical and institutional measures that link legal recognition to real enforcement. It calls for better methods to gather evidence in occupation-related cases, a stronger role for the Committee of Ministers in supervising compliance with judgments, and mechanisms that provide collective compensation when individual restitution is not possible. The approach also includes supporting independent organizations that document conditions on the ground and improving cooperation between international institutions and civil society actors so that monitoring, assistance, and follow-up become more effective and easier to access. |
