Property Rights and Transitional Justice : A Forward-Looking Argument

This article aims to describe a forward looking approach to the problem of property rights in transitional justice contexts. Undemocratic regimes violate property rights in various ways, from simple thievery to violations of opportunities to appropriate. Post transition situations entail an obligation to correct such injustices therefore. However, returning to the status quo ante is complex, costly, and requires information that is often not available. An alternative is the suggested FCR: forward looking, commensurable and redistributive. Such an approach emphasizes the creation of a baseline of ownership and welfare, rather than an attempt to return to the status quo ante