Pub Date : 2023-06-16DOI: 10.1108/jppel-12-2022-0036
A. Anisimov, Buynta Injieva, A. Ryzhenkov
Purpose The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance. Design/methodology/approach This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country. Findings At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.” Originality/value A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.
{"title":"Environmental insurance in the mechanism of environmental protection in Russia: how to improve its efficiency with the help of law?","authors":"A. Anisimov, Buynta Injieva, A. Ryzhenkov","doi":"10.1108/jppel-12-2022-0036","DOIUrl":"https://doi.org/10.1108/jppel-12-2022-0036","url":null,"abstract":"\u0000Purpose\u0000The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.\u0000\u0000\u0000Design/methodology/approach\u0000This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.\u0000\u0000\u0000Findings\u0000At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”\u0000\u0000\u0000Originality/value\u0000A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"184 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81588402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-14DOI: 10.1108/jppel-02-2023-0008
Héctor Simón-Moreno
Purpose With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective. Design/methodology/approach The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners. Findings The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity. Social implications Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context. Originality/value This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
{"title":"Condominiums facing delinquency: stringent remedies from a comparative perspective","authors":"Héctor Simón-Moreno","doi":"10.1108/jppel-02-2023-0008","DOIUrl":"https://doi.org/10.1108/jppel-02-2023-0008","url":null,"abstract":"\u0000Purpose\u0000With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.\u0000\u0000\u0000Design/methodology/approach\u0000The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.\u0000\u0000\u0000Findings\u0000The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.\u0000\u0000\u0000Social implications\u0000Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.\u0000\u0000\u0000Originality/value\u0000This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"22 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81592025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-08DOI: 10.1108/jppel-08-2022-0028
Razeena Mohammed-Siitah, Abdul-Samad Siddique
Purpose Spatial planning is globally identified as an effective strategy for providing climate change adaptation needs. However, there is a dearth of literature on how spatial planning relates to climate change control in Ghana, particularly at the local level. Hence, this paper aims to investigate whether spatial planning plays a significant role in the control of climate change and the adaptive capacities at the local level. Design/methodology/approach The authors adopt a mixed-method approach, where both qualitative and quantitative data were obtained using an interview guide and survey, respectively. The authors analyze the data using a qualitative content analysis method and descriptive statistics. Findings The results show that spatial planning plays an important role in climate change adaptation, though in a limited way. The physical planning department at the municipal level has varying amounts of capacities across various determinants, but there are opportunities for improving the capacity of the department. Originality/value The authors provide empirical evidence to support the need to prioritize spatial planning as a strategy for dealing with the impacts of climate change and the building of capacities at the national and community levels for improved adaptive capacity.
{"title":"Spatial planning and community adaptive capacity to climate change: the case of La Dade-Kotopon municipality in Ghana","authors":"Razeena Mohammed-Siitah, Abdul-Samad Siddique","doi":"10.1108/jppel-08-2022-0028","DOIUrl":"https://doi.org/10.1108/jppel-08-2022-0028","url":null,"abstract":"\u0000Purpose\u0000Spatial planning is globally identified as an effective strategy for providing climate change adaptation needs. However, there is a dearth of literature on how spatial planning relates to climate change control in Ghana, particularly at the local level. Hence, this paper aims to investigate whether spatial planning plays a significant role in the control of climate change and the adaptive capacities at the local level.\u0000\u0000\u0000Design/methodology/approach\u0000The authors adopt a mixed-method approach, where both qualitative and quantitative data were obtained using an interview guide and survey, respectively. The authors analyze the data using a qualitative content analysis method and descriptive statistics.\u0000\u0000\u0000Findings\u0000The results show that spatial planning plays an important role in climate change adaptation, though in a limited way. The physical planning department at the municipal level has varying amounts of capacities across various determinants, but there are opportunities for improving the capacity of the department.\u0000\u0000\u0000Originality/value\u0000The authors provide empirical evidence to support the need to prioritize spatial planning as a strategy for dealing with the impacts of climate change and the building of capacities at the national and community levels for improved adaptive capacity.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"41 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81352660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-08DOI: 10.1108/jppel-04-2023-0014
Lei Chen
Purpose This paper aims to unfold the intricate relations between private law design, the structure of organizations for collective action and cultural values and orientations that practically guide interpersonal interactions in Chinese society. Design/methodology/approach Drawing upon the Hofstede Insights National Culture survey (The Culture Compass) data and some judicial rulings in China, this paper examines the legislative development and judicial approach to settle condominium disputes to explain and address the cultural orientation for future legal reform. This paper examines how the law reflects and responds to the cultural and social variations/interactions among the stakeholders, namely, local government, developers, homeowner associations, condo owners and property management agents. Findings Culture plays a significant role in shaping how condominiums are governed in China. This analysis can highlight the role of cultural factors that influence the success or failure of condominium governance and suggest ways in which governance structures can be adapted to reflect the legal culture of the community better. The emphasis on social harmony, respect for authority, relationships and networks and knowledge and expertise all contribute to a unique approach to condominium governance that reflects the values and priorities of Chinese society. Originality/value While much has been written on the importance of property rights to economic development, relatively little seems to be understood about processes of change in complex property systems, particularly in China, a socialist-transforming country. Specifically, there is a lack of reliable knowledge about the intricate relations between the structure of organizations for collective action and cultural orientations that practically guide interpersonal interactions in Chinese society. The question at the heart of this research relates to the condominium rules most suitable for an emerging Chinese private property market.
{"title":"Self-governing organizations and culture: addressing condominium law developments in China","authors":"Lei Chen","doi":"10.1108/jppel-04-2023-0014","DOIUrl":"https://doi.org/10.1108/jppel-04-2023-0014","url":null,"abstract":"Purpose This paper aims to unfold the intricate relations between private law design, the structure of organizations for collective action and cultural values and orientations that practically guide interpersonal interactions in Chinese society. Design/methodology/approach Drawing upon the Hofstede Insights National Culture survey (The Culture Compass) data and some judicial rulings in China, this paper examines the legislative development and judicial approach to settle condominium disputes to explain and address the cultural orientation for future legal reform. This paper examines how the law reflects and responds to the cultural and social variations/interactions among the stakeholders, namely, local government, developers, homeowner associations, condo owners and property management agents. Findings Culture plays a significant role in shaping how condominiums are governed in China. This analysis can highlight the role of cultural factors that influence the success or failure of condominium governance and suggest ways in which governance structures can be adapted to reflect the legal culture of the community better. The emphasis on social harmony, respect for authority, relationships and networks and knowledge and expertise all contribute to a unique approach to condominium governance that reflects the values and priorities of Chinese society. Originality/value While much has been written on the importance of property rights to economic development, relatively little seems to be understood about processes of change in complex property systems, particularly in China, a socialist-transforming country. Specifically, there is a lack of reliable knowledge about the intricate relations between the structure of organizations for collective action and cultural orientations that practically guide interpersonal interactions in Chinese society. The question at the heart of this research relates to the condominium rules most suitable for an emerging Chinese private property market.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135215564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-22DOI: 10.1108/jppel-08-2022-0029
Catherine A. Brown, Sharon Christensen, Andrea Blake, K. Indraswari, Clevo Wilson, Kevin Desouza
Purpose Information on the impact of flooding is fundamental to mitigating flood risk in residential property. This paper aims to provide insight into the seller disclosure of flood risk and buyer behaviour in the absence of mandated seller disclosure. Design/methodology/approach This paper adopts a case study approach to critically evaluate the matrix of flood information available for buyers purchasing residential property in Brisbane, Queensland. This paper uses big data analytic techniques to extract and analyse internet data from online seller agents and buyer platforms to gain an understanding of buyer awareness and consideration of flood risk in the residential property market. Findings Analysis of property marketing data demonstrates that seller agents voluntarily disclose flood impact only in periods where a flooding event is anticipated and is limited to asserting a property is free of flood risk. Analysis of buyer commentary demonstrates that buyers are either unaware of flood information or are discounting the risk of flood in favour of other property and locational attributes when selecting residential property. Practical implications This research suggests that improved and accessible government-provided flood mapping tools are not enhancing buyers’ understanding and awareness of flood risk. Accordingly, it is recommended that mandatory disclosure be introduced in Queensland so that buyers are more able to manage risk and investment decisions before the purchase of residential property. Originality/value This paper contributes to existing literature on raising community awareness and understanding of natural disaster risks and makes a further contribution in identifying mandatory disclosure as a mechanism to highlight the risk of flooding and inform residential property purchasers.
{"title":"Is mandatory seller disclosure of flood risk necessary? A Brisbane, Australia, case study","authors":"Catherine A. Brown, Sharon Christensen, Andrea Blake, K. Indraswari, Clevo Wilson, Kevin Desouza","doi":"10.1108/jppel-08-2022-0029","DOIUrl":"https://doi.org/10.1108/jppel-08-2022-0029","url":null,"abstract":"\u0000Purpose\u0000Information on the impact of flooding is fundamental to mitigating flood risk in residential property. This paper aims to provide insight into the seller disclosure of flood risk and buyer behaviour in the absence of mandated seller disclosure.\u0000\u0000\u0000Design/methodology/approach\u0000This paper adopts a case study approach to critically evaluate the matrix of flood information available for buyers purchasing residential property in Brisbane, Queensland. This paper uses big data analytic techniques to extract and analyse internet data from online seller agents and buyer platforms to gain an understanding of buyer awareness and consideration of flood risk in the residential property market.\u0000\u0000\u0000Findings\u0000Analysis of property marketing data demonstrates that seller agents voluntarily disclose flood impact only in periods where a flooding event is anticipated and is limited to asserting a property is free of flood risk. Analysis of buyer commentary demonstrates that buyers are either unaware of flood information or are discounting the risk of flood in favour of other property and locational attributes when selecting residential property.\u0000\u0000\u0000Practical implications\u0000This research suggests that improved and accessible government-provided flood mapping tools are not enhancing buyers’ understanding and awareness of flood risk. Accordingly, it is recommended that mandatory disclosure be introduced in Queensland so that buyers are more able to manage risk and investment decisions before the purchase of residential property.\u0000\u0000\u0000Originality/value\u0000This paper contributes to existing literature on raising community awareness and understanding of natural disaster risks and makes a further contribution in identifying mandatory disclosure as a mechanism to highlight the risk of flooding and inform residential property purchasers.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89182794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-15DOI: 10.1108/jppel-12-2022-0037
Jinwon Jeon
Purpose This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law. Design/methodology/approach This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law. Findings This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies. Originality/value This study presents a novel approach to systematising the methodology and framework of comparative planning law.
{"title":"Methodology and framework of comparative urban planning law","authors":"Jinwon Jeon","doi":"10.1108/jppel-12-2022-0037","DOIUrl":"https://doi.org/10.1108/jppel-12-2022-0037","url":null,"abstract":"\u0000Purpose\u0000This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.\u0000\u0000\u0000Design/methodology/approach\u0000This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law.\u0000\u0000\u0000Findings\u0000This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies.\u0000\u0000\u0000Originality/value\u0000This study presents a novel approach to systematising the methodology and framework of comparative planning law.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"7 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80803610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-17DOI: 10.1108/jppel-07-2022-0025
S. Mekonnen
Purpose The purpose of this paper is to investigate the compliance of foreign investment projects with local environmental standards in Ethiopia. It examines the cause and impact of the environmental problems created by such projects as well as the necessary policy response, especially by examining the role of the applicable bilateral investment treaties (BITs) in enforcing local standards. Design/methodology/approach The research approach is fundamentally an empirical study with some doctrinal analysis. The empirical data (qualitative) was collected through interviews, focus group discussions and observation tools. Findings The investment projects selected for the case studies were not complying with the local environmental standards, which resulted in several environmental problems. The major cause for the overall environmental problems was not a legal gap in the local standards, but the failure of enforcing such standards by the government bodies and foreign investors. The applicable BITs also played no role in environmental protection as they do not impose environmental obligations along with enforcement mechanisms. Non-compliance with local standards can be mitigated if the applicable BITs impose environmental obligations along with workable enforcement mechanisms – as a treaty obligation has more binding force. The author argues that, in general, foreign investments are not environmental-friendly unless otherwise strictly regulated by combining local environmental standards and a BIT that imposes environmental obligations (along with enforcement mechanisms) on the foreign investors, host state and home state. Originality/value The existing literature does not deal with the environmental problems, the enforcement constraints and the role of the applicable BITs together in a single publication. They separately address these issues, which do not give a comprehensive understanding of the cause-and-effect relationship. This paper fills this gap by presenting comprehensive findings that combine the environmental problems and the associated enforcement constraints as well as the role of the applicable BITs in this regard. It also contributes to the ongoing debate concerning whether foreign direct investment is good or bad for the environment by producing empirical evidence from Ethiopia, the African continent.
{"title":"The compliance of foreign investment projects with local environmental standards and the role (non-role) of the applicable BITs: the case of Ethiopia","authors":"S. Mekonnen","doi":"10.1108/jppel-07-2022-0025","DOIUrl":"https://doi.org/10.1108/jppel-07-2022-0025","url":null,"abstract":"\u0000Purpose\u0000The purpose of this paper is to investigate the compliance of foreign investment projects with local environmental standards in Ethiopia. It examines the cause and impact of the environmental problems created by such projects as well as the necessary policy response, especially by examining the role of the applicable bilateral investment treaties (BITs) in enforcing local standards.\u0000\u0000\u0000Design/methodology/approach\u0000The research approach is fundamentally an empirical study with some doctrinal analysis. The empirical data (qualitative) was collected through interviews, focus group discussions and observation tools.\u0000\u0000\u0000Findings\u0000The investment projects selected for the case studies were not complying with the local environmental standards, which resulted in several environmental problems. The major cause for the overall environmental problems was not a legal gap in the local standards, but the failure of enforcing such standards by the government bodies and foreign investors. The applicable BITs also played no role in environmental protection as they do not impose environmental obligations along with enforcement mechanisms. Non-compliance with local standards can be mitigated if the applicable BITs impose environmental obligations along with workable enforcement mechanisms – as a treaty obligation has more binding force. The author argues that, in general, foreign investments are not environmental-friendly unless otherwise strictly regulated by combining local environmental standards and a BIT that imposes environmental obligations (along with enforcement mechanisms) on the foreign investors, host state and home state.\u0000\u0000\u0000Originality/value\u0000The existing literature does not deal with the environmental problems, the enforcement constraints and the role of the applicable BITs together in a single publication. They separately address these issues, which do not give a comprehensive understanding of the cause-and-effect relationship. This paper fills this gap by presenting comprehensive findings that combine the environmental problems and the associated enforcement constraints as well as the role of the applicable BITs in this regard. It also contributes to the ongoing debate concerning whether foreign direct investment is good or bad for the environment by producing empirical evidence from Ethiopia, the African continent.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"130 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84855449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-16DOI: 10.1108/jppel-06-2022-0019
Michael W. Poulsom
Purpose This purpose of this paper is to examine whether disciplines outside law demonstrate consensus on the attributes of home, whether, to the extent that there is consensus, property law supports those attributes, whether those attributes can be reconciled with working from home, and how far property law is able to address uncertainty regarding the regulation of working from home. Design/methodology/approach This paper identifies conceptions of “home” from non-law disciplines. It examines the extent to which property law in England and Wales supports or challenges those conceptions. It examines the extent to which working in homes disrupts or distorts those conceptions. It assesses the extent to which property law engages with that disruption. Findings A lack of clarity in how “home” is defined and perceived in non-law disciplines, and a tendency in those disciplines to produce static and decontextualized notions of home is reflected in inconsistent property law approaches to protection of important “home” attributes. Recognition by property law of the prevalence of home working is relatively undeveloped. An under-appreciation of “context” dominates both cross-disciplinary perceptions of home, and the support which property law provides to those perceptions. Research limitations/implications This paper focuses on conceptions of “home” drawn from disparate disciplines and seeks to find consensus in a diverse field. It concentrates on the regulation by covenants of the use of homes for non-domestic purposes in England and Wales. Practical implications Suggested alterations to property law and practice, and to the imposition and construction of covenants against business use, might better reflect the prevalence of working from home and clarify the circumstances in which homes can properly be used for work purposes. Social implications This paper identifies that in its inconsistent recognition of “home” attributes in general, and in the lack of established principles for regulating the use of homes for business purposes in particular, property law offers insufficient certainty to occupiers wishing either to work at home, or to resist doing so. It identifies that a broader cross-disciplinary investigation into the inter-relationship between living spaces and working spaces would be beneficial. Originality/value The originality of this paper lies in its examination from a property law perspective of established cross-disciplinary conceptions of home in the context of the recent growth of working in homes.
{"title":"Homes and home working: a property law perspective","authors":"Michael W. Poulsom","doi":"10.1108/jppel-06-2022-0019","DOIUrl":"https://doi.org/10.1108/jppel-06-2022-0019","url":null,"abstract":"\u0000Purpose\u0000This purpose of this paper is to examine whether disciplines outside law demonstrate consensus on the attributes of home, whether, to the extent that there is consensus, property law supports those attributes, whether those attributes can be reconciled with working from home, and how far property law is able to address uncertainty regarding the regulation of working from home.\u0000\u0000\u0000Design/methodology/approach\u0000This paper identifies conceptions of “home” from non-law disciplines. It examines the extent to which property law in England and Wales supports or challenges those conceptions. It examines the extent to which working in homes disrupts or distorts those conceptions. It assesses the extent to which property law engages with that disruption.\u0000\u0000\u0000Findings\u0000A lack of clarity in how “home” is defined and perceived in non-law disciplines, and a tendency in those disciplines to produce static and decontextualized notions of home is reflected in inconsistent property law approaches to protection of important “home” attributes. Recognition by property law of the prevalence of home working is relatively undeveloped. An under-appreciation of “context” dominates both cross-disciplinary perceptions of home, and the support which property law provides to those perceptions.\u0000\u0000\u0000Research limitations/implications\u0000This paper focuses on conceptions of “home” drawn from disparate disciplines and seeks to find consensus in a diverse field. It concentrates on the regulation by covenants of the use of homes for non-domestic purposes in England and Wales.\u0000\u0000\u0000Practical implications\u0000Suggested alterations to property law and practice, and to the imposition and construction of covenants against business use, might better reflect the prevalence of working from home and clarify the circumstances in which homes can properly be used for work purposes.\u0000\u0000\u0000Social implications\u0000This paper identifies that in its inconsistent recognition of “home” attributes in general, and in the lack of established principles for regulating the use of homes for business purposes in particular, property law offers insufficient certainty to occupiers wishing either to work at home, or to resist doing so. It identifies that a broader cross-disciplinary investigation into the inter-relationship between living spaces and working spaces would be beneficial.\u0000\u0000\u0000Originality/value\u0000The originality of this paper lies in its examination from a property law perspective of established cross-disciplinary conceptions of home in the context of the recent growth of working in homes.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"108 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74276154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-12DOI: 10.1108/jppel-05-2021-0031
Thim Wai Chen, Ruzita Azmi, Rohana Abdul Rahman
Purpose In response to the housing needs of its people, Malaysia has allowed private housing developer companies to build houses on a sell-then-build basis. Despite having legislation designed to protect the interests of purchasers, insolvent housing developers have left behind many uncompleted housing projects with their land charged to financial institutions. Consequently, the affected purchasers will lose their houses when those financial institutions foreclose on the land in the housing projects. In addition, those purchasers remain legally obligated to repay loans taken to finance their house purchase. The housing development laws lack provisions to rehabilitate abandoned housing projects. The purpose of this paper is to explore the viability of rescue mechanisms in the Companies Act 2016, being corporate voluntary arrangement (CVA), judicial management (JM) and schemes of arrangement (SOA), to aid in the rehabilitation of abandoned housing projects in Peninsular Malaysia. Design/methodology/approach Doctrinal research is adopted in this paper. Findings This research highlights the flexibility of the SOA as a tool to rehabilitate abandoned housing projects. This research also reveals the potential of CVA and in particular, JM with its “public interest” feature, as useful rehabilitation mechanisms once the proposed reforms are adopted. Originality/value The authors are hopeful that the suggested reforms will enhance the value of all three rescue mechanisms as rehabilitation tools for abandoned housing projects so as to alleviate the plight of house purchasers.
{"title":"Rehabilitation of abandoned housing projects in peninsular Malaysia: reaching out to rescue mechanisms in the companies act 2016","authors":"Thim Wai Chen, Ruzita Azmi, Rohana Abdul Rahman","doi":"10.1108/jppel-05-2021-0031","DOIUrl":"https://doi.org/10.1108/jppel-05-2021-0031","url":null,"abstract":"\u0000Purpose\u0000In response to the housing needs of its people, Malaysia has allowed private housing developer companies to build houses on a sell-then-build basis. Despite having legislation designed to protect the interests of purchasers, insolvent housing developers have left behind many uncompleted housing projects with their land charged to financial institutions. Consequently, the affected purchasers will lose their houses when those financial institutions foreclose on the land in the housing projects. In addition, those purchasers remain legally obligated to repay loans taken to finance their house purchase. The housing development laws lack provisions to rehabilitate abandoned housing projects. The purpose of this paper is to explore the viability of rescue mechanisms in the Companies Act 2016, being corporate voluntary arrangement (CVA), judicial management (JM) and schemes of arrangement (SOA), to aid in the rehabilitation of abandoned housing projects in Peninsular Malaysia.\u0000\u0000\u0000Design/methodology/approach\u0000Doctrinal research is adopted in this paper.\u0000\u0000\u0000Findings\u0000This research highlights the flexibility of the SOA as a tool to rehabilitate abandoned housing projects. This research also reveals the potential of CVA and in particular, JM with its “public interest” feature, as useful rehabilitation mechanisms once the proposed reforms are adopted.\u0000\u0000\u0000Originality/value\u0000The authors are hopeful that the suggested reforms will enhance the value of all three rescue mechanisms as rehabilitation tools for abandoned housing projects so as to alleviate the plight of house purchasers.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"49 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79374344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-14DOI: 10.1108/jppel-11-2021-0054
Edward S W Ti
Purpose The purpose of this paper is to articulate the inherent unfairness in compensation outcomes between landowners whose land is physically taken versus those whose land is regulated. Using Rawlsian theory as the normative standard of “fairness as justice”, the paper argues that both physical and regulatory takings should be compensated. Design/methodology/approach Most jurisdictions invariably provide market price compensation when land is physically acquired. When land is not physically taken but merely subject to regulation, however, there is no corresponding need to compensate, even where the economic loss suffered by the landowner is the same. Adopting Rawlsian theory, this paper explains why justice and fairness in land use planning require both physical takings and regulatory takings to be equally compensable. Findings Applying Rawlsian theory to compare compensable compulsory purchase with non-compensable regulatory takings of land show that the latter is not compatible with an ethical planning praxis. Originality/value While Rawlsian theory has been applied in urban planning research before, this would be its first application in highlighting the apparent justice paradox which now distinguishes a physical and regulatory taking of land.
{"title":"Justice as fairness: a Rawlsian perspective in compensating regulatory land takings","authors":"Edward S W Ti","doi":"10.1108/jppel-11-2021-0054","DOIUrl":"https://doi.org/10.1108/jppel-11-2021-0054","url":null,"abstract":"\u0000Purpose\u0000The purpose of this paper is to articulate the inherent unfairness in compensation outcomes between landowners whose land is physically taken versus those whose land is regulated. Using Rawlsian theory as the normative standard of “fairness as justice”, the paper argues that both physical and regulatory takings should be compensated.\u0000\u0000\u0000Design/methodology/approach\u0000Most jurisdictions invariably provide market price compensation when land is physically acquired. When land is not physically taken but merely subject to regulation, however, there is no corresponding need to compensate, even where the economic loss suffered by the landowner is the same. Adopting Rawlsian theory, this paper explains why justice and fairness in land use planning require both physical takings and regulatory takings to be equally compensable.\u0000\u0000\u0000Findings\u0000Applying Rawlsian theory to compare compensable compulsory purchase with non-compensable regulatory takings of land show that the latter is not compatible with an ethical planning praxis.\u0000\u0000\u0000Originality/value\u0000While Rawlsian theory has been applied in urban planning research before, this would be its first application in highlighting the apparent justice paradox which now distinguishes a physical and regulatory taking of land.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"465 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76335567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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