The right to return in international law. Legal frameworks and prospects for the South Caucasus

Since the beginning of the 20th century and specifically after the Second World War, a dramatic increase in the number of internally displaced persons (IDPs) and refugees occurred. If on the one hand this has resulted from massive destructions and conflict, on the other hand the growing presence of refugees can be considered the result of multiple practices that have been specifically intended to promote the creation of ethnically homogeneous States, by driving entire ethnic groups from their homes. Against this background, this study aims at shedding light on the issue of the right to return in international law by focusing on the current situation in South Caucasus. More precisely, the legal nature of the right to return will be initially assessed by verifying its acknowledgement in hard and soft law instruments. Secondly, this paper will tackle the debate around the customary nature of the right to return. Additionally, a reflection on its possible conception as containing a collective dimension will be included. In conclusion, the last section will be dedicated to the analysis of the main challenges and dilemmas in the practical application of the right to return with reference to South Caucasus, to show both the legal and the political impediments in the effective exercise of the considered right.