ABSTRACT

This chapter utilizes two approaches to discuss the different legal aspects of resettlement. The first places resettlement in the context of the World Bank’s charter and its role and obligations as an international development institution. It also argues that the specific development cast of the policy similarly derives from the Bank’s commitment to provide balanced development opportunities. The second approach is to place the legal discussion of resettlement on the operational terrain. It explores several of the main legal questions that commonly arise during resettlement operations assisted by the World Bank’s programs and policies. Resettlement proposals must review national laws to determine what legal rights apply to the distinct population groups. The majority of the rural resettlement programs supported by the World Bank are based on replacing lost land with new land of equivalent or greater productive potential.