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학술논문법학연구2015.12 발행

The Right to Heimat.

The Right to Heimat.

Gilbert H. Gornig(Philipps-Universitat Marburg.)

46권, 243~267쪽

초록

There are those, who shake their heads uncomprehendingly or remain silent when, Heimat “Homeland” is being discussed. It could in part stem from the fact that their father was a civil servant, who was constantly retransferred or perhaps from being sent off to a boarding school, by parents who had marital difficulties, where a sense of homeland could not develop. Unfortunately many people today, confuse feelings of belonging to a homeland with nationalism, despite one having absolutely nothing to do with the other. It is also possible that the modern way of life leads to more and more people moving around and staying put not being viewed as worthwhile. Perhaps only those who have lost their homeland understand what it is. Is a homeland even that which is lost? Are there possibilities of winning back a homeland? Is it ever allowed to drive people from their ancestral homeland? Does their right to a homeland not mean that others, who also claim this right for themselves must suffer an injustice? Can one as a result add claims against others to their right to a homeland? International law deals with such questions, therefore this article on the right to a homeland and the prohibition of population transfer and expropriation, expresses the view of an international lawyer\legal scholar.

Abstract

There are those, who shake their heads uncomprehendingly or remain silent when, Heimat “Homeland” is being discussed. It could in part stem from the fact that their father was a civil servant, who was constantly retransferred or perhaps from being sent off to a boarding school, by parents who had marital difficulties, where a sense of homeland could not develop. Unfortunately many people today, confuse feelings of belonging to a homeland with nationalism, despite one having absolutely nothing to do with the other. It is also possible that the modern way of life leads to more and more people moving around and staying put not being viewed as worthwhile. Perhaps only those who have lost their homeland understand what it is. Is a homeland even that which is lost? Are there possibilities of winning back a homeland? Is it ever allowed to drive people from their ancestral homeland? Does their right to a homeland not mean that others, who also claim this right for themselves must suffer an injustice? Can one as a result add claims against others to their right to a homeland? International law deals with such questions, therefore this article on the right to a homeland and the prohibition of population transfer and expropriation, expresses the view of an international lawyer\legal scholar.

발행기관:
부설법학연구소
분류:
법학교육

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