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Methodological Framework of Structured Case Study in Urban Morphology: Preparedness to Pandemic from Theory Building 城市形态学结构化案例研究的方法论框架:从理论构建看对流行病的防范
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-3.1035
N. Harun, S. A. Mohamed, Norhaya Jaafar
The morphological patterns of the Malay town are analysed using three main elements of urban form: road networks, building plots, and open space. However, considering the physical aspects of a city, as well as the impact of geography, social, economic, and political forces, allows us to establish a city's particular character, which may be altered by multiple socioeconomic changes brought on by the pandemic. There are few well-documented systematic procedures for examining the morphological changes associated with Malay settlement features, implying considerable differences in the approaches used. By describing techniques and analysing the urban form, this article aims to spark discussion on what an antifragile built environment might look like. It also aims to shed light on how to create dynamic pseudo adaptability in the old and historic town, particularly in terms of scale, urban morphology, and social life, by establishing a systematic analytical framework for the analysis of urban morphology. To exemplify the process of building the methodological structure, a single case study was undertaken in Kota Bharu's Old Settlement Zone. The case study is subdivided into four sections: a) conceptual structure, b) case study design framework, and c) mapping research framework. It is defined through an iterative process that described the specifics of crucial features to establish an extensive methodological framework for the Malay settlement by thoroughly developing and scrutinising methodological processes. Because the current pandemic is sharpening our understanding of the link between local and global action, as well as the power inherent in the application of professional and technical knowledge and practice, this paper hoped to help with the development of policies and guidelines, as well as the evaluation of proposals for post-pandemic urban morphological assessments.
马来城镇的形态模式分析使用城市形态的三个主要元素:道路网络,建筑地块和开放空间。然而,考虑到一个城市的物理方面,以及地理、社会、经济和政治力量的影响,我们可以建立一个城市的特殊性,这可能会被疫情带来的多重社会经济变化所改变。很少有充分记录的系统程序来检查与马来定居特征相关的形态学变化,这意味着所使用的方法存在相当大的差异。通过描述技术和分析城市形态,本文旨在引发关于反脆弱建筑环境的讨论。通过建立一个系统的城市形态分析框架,揭示如何在历史老城中创造动态的伪适应性,特别是在规模、城市形态和社会生活方面。为了举例说明构建方法结构的过程,在Kota Bharu的旧定居点区进行了一个案例研究。案例研究分为四个部分:a)概念结构,b)案例研究设计框架,c)映射研究框架。它是通过一个反复的过程来定义的,该过程描述了关键特征的细节,通过彻底发展和审查方法过程,为马来人解决建立一个广泛的方法框架。由于当前的大流行使我们更加了解地方行动与全球行动之间的联系,以及应用专业和技术知识与实践所固有的力量,本文件希望有助于制定政策和指导方针,以及评估大流行后城市形态评估的建议。
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引用次数: 1
Pandemic Responsive Spaces for Local Economic Activities in the Old Town of Semarang 三宝垄老城地方经济活动的流行病应对空间
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1020
W. Kurniawati, R. Kurniati, S. Soetomo, R. Rahmat
The COVID-19 pandemic has changed all aspects of life and order. It has made the Old Town of Semarang experience a decrease in the number of visitors. When the economy is starting and recovering, the pandemic sensitivity space is exercised through strict health protocol. This paper uses direct observation to examine the pandemic responsive space for local economic activities in the Old Town of Semarang. The following procedures were adopted for this study: 1) Defining the potential economic activity space in the Old Town of Semarang; 2) Recognising the presence of pandemic responsive space in location;  3) Analysing the responsive space in relation to pandemic context, and 4) Proposing space pattern that responsive to pandemic context. The study’s results are the Old Town of Semarang has three typologies of economic activity spaces, including cafes, restaurants, and street vendors. The economic activity in the form of cafes and restaurants has organised a responsive space to implement the established health protocols. In contrast, street vendors create unresponsive space for economic activity. This is because the street vendors have not been able to provide adequate supporting facilities for health protocols. Therefore, the local government and economic actors need to speed up the process for determining more pandemic responsive urban space that will allow economic activities to be carried out with proper health protocols
新冠肺炎疫情改变了人们生活和秩序的方方面面。这使得三宝垄老城的游客数量减少。在经济启动和恢复阶段,通过严格的卫生规程行使疫情敏感空间。本文采用直接观察的方法考察了三宝垄老城当地经济活动的大流行响应空间。本研究采用以下程序:1)界定三宝垄老城的潜在经济活动空间;2)认识到当地存在大流行病应对空间;(3)分析大流行病背景下的响应空间;(4)提出响应大流行病背景的空间格局。研究结果表明,三宝垄老城有三种类型的经济活动空间,包括咖啡馆、餐馆和街头摊贩。咖啡馆和餐馆形式的经济活动组织了一个响应空间,以执行既定的卫生议定书。相比之下,街头小贩为经济活动创造了缺乏反应的空间。这是因为街头小贩无法为卫生协议提供足够的支助设施。因此,地方政府和经济行为体需要加快确定更能应对大流行病的城市空间的进程,以便在适当的卫生协议下开展经济活动
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引用次数: 0
Urban Morphological Analysis Framework for Sustainable Malay Town Transition in Response to COVID 19 应对2019冠状病毒病的可持续马来城镇转型的城市形态分析框架
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1023
S. A. Mohamed, N. Harun, N. Ja’afar, N. I. Othmani
Current approaches applied in the historical analysis on the morphological evolution of early Malay towns primarily focused on describing how cities were formed and transformed without much emphasis on how they can be analysed. Considering cities as urban organisms experiencing rapid growth, achieving a sustainable urban transition would be impossible without understanding the process of initial formation and spatial uniqueness that comprise the Malay town. However, analysing the particular kind of processes requires a comprehensive understanding of each hierarchical level of morphological elements, which, therefore, posed a greater challenge in excerpting Malay town's dynamic and organic growth pattern-development. This study attempt to develop the methodological process of urban morphological analysis framework concerning the Malay town context. With the adoption of the historic-geographical approach as the method of analysis, the study applied two different spatial scales as the basis of the analysis process, that is, plan-units analysis and morphological evolution analysis. The findings unveiled the inherent morphogenesis processes of Malay towns central to the spatial structure of Kota, represent a town that functioned as a territorial base with settlements of Kampung as the archetype of the morphological unit. Through depicting the spatial boundary of Dalam Kota and Luar Kota, the fixation line of the growth process in Malay town can be identified, which is imperative to the functioning system of the town. Accordingly, developing the systematic morphological analysis process aids in providing a clear and responsive strategy for managing the changing process of Malay towns to ensure a sustainable transition for resilient communities and territories
目前对早期马来城镇形态演变的历史分析方法主要侧重于描述城市是如何形成和改造的,而不太强调如何分析。考虑到城市是经历快速增长的城市有机体,如果不了解马来城镇的初始形成过程和空间独特性,就不可能实现可持续的城市转型。然而,分析特定类型的过程需要全面了解形态元素的每个层次,因此,这对提取马来城镇动态和有机的增长模式发展提出了更大的挑战。本研究试图建立马来城镇语境下的城市形态分析框架的方法论过程。本研究采用历史地理学方法作为分析方法,采用两种不同的空间尺度作为分析过程的基础,即平面单元分析和形态演化分析。这些发现揭示了马来城镇固有的形态发生过程,这些城镇是哥打空间结构的核心,代表了一个作为领土基础的城镇,以磅湛定居点为形态单元的原型。通过描绘大叻哥打和鲁阿哥打的空间边界,可以确定马来小镇生长过程的固定线,这对小镇的功能体系至关重要。因此,开发系统的形态分析过程有助于提供一个明确而快速的策略来管理马来城镇的变化过程,以确保有韧性的社区和地区的可持续过渡
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引用次数: 0
An Exploratory Survey on the Adoption of Blockchain Technology in Streamlining Malaysia Real Estate During Covid-19 Pandemic Covid-19大流行期间采用区块链技术简化马来西亚房地产的探索性调查
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1030
T. H. Jasimin, Muhammad Faris Nordin
The global pandemic outbreak of Covid-19 and the restrictions on movement have created an unprecedented crisis for the real estate industry with mounting pressure including on property management. The higher-than-normal occupancy and load especially on strata residential buildings during the movement control order (MCO) leads to a more crucial task for property managers to ensure that every part of the building was in good working order. A high transmissible virus poses various challenges in property managers’ jobs including maintenance, inspections, viewing, and marketing the property. Accordingly, the pandemic has created a greater sense of urgency than before for real estate companies to increase technology usage by having an automated real estate record involving the buying or selling process. This study aims to explore the potential opportunities of blockchain adoption in the real estate management process. The objectives of this study are: i) to investigate the challenges of real estate managers in managing the real estate during the pandemic; ii) to study the benefits of blockchain technology adoption in the real estate management process, and (iii) to examine the opportunities of blockchain to enhance in streamlining the real estate management process. This research engages with the qualitative nature of the research strategy due to the explorative character by conducting the unstructured interview with the real estate players involved in managing the properties. All the collected materials have been transcribed and categorized to ensure that they could be analysed through NVivo, a qualitative data analysis programme. The expected outcome of this study will provide scientific evidence on the readiness of the Malaysian real estate industry to embrace technology by digitalizing the property management which is in line with the vision of the government to ensure Malaysia makes the Digital Leap into the Fourth Industrial Revolution (IR 4.0)
新冠肺炎的全球大流行和行动限制给房地产行业带来了前所未有的危机,包括对物业管理的压力越来越大。在移动控制令(MCO)期间,分层住宅楼的入住率和负荷高于正常水平,这给物业经理带来了一项更为关键的任务,即确保建筑的每个部分都处于良好的工作状态。一种高传播性病毒给物业经理的工作带来了各种挑战,包括物业的维护、检查、查看和营销。因此,疫情给房地产公司带来了比以往更大的紧迫感,即通过拥有涉及买卖过程的自动化房地产记录来增加技术使用。本研究旨在探索区块链在房地产管理过程中应用的潜在机会。本研究的目的是:i)调查房地产经理在疫情期间管理房地产的挑战;ii)研究在房地产管理过程中采用区块链技术的好处,以及(iii)研究区块链在简化房地产管理流程方面的机会。本研究通过对参与物业管理的房地产参与者进行非结构化采访,探讨了由于探索性特征而导致的研究策略的定性。所有收集到的材料都经过转录和分类,以确保可以通过NVivo这一定性数据分析方案对其进行分析。这项研究的预期结果将为马来西亚房地产行业准备通过数字化物业管理来接受技术提供科学证据,这符合政府的愿景,以确保马来西亚实现数字跨越,进入第四次工业革命(IR 4.0)
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引用次数: 0
Spatial Adaptive Arrangement of Street Vendors to the Covid-19 Pandemic in Simpang Lima, Semarang, Indonesia 新冠肺炎疫情下印尼三宝垄市新邦利马街头摊贩的空间适应性安排
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1018
R. Widjajanti, N. S. Ristianti, H. H. Ardiati, Kanindya Nooringsih
Covid-19 has caused a global crisis that has affected various aspects of life, including urban spatial arrangement, such as arrangement of street vendors activities in urban public spaces. As one of the activities supports that have developed due to primary urban activities, street vendors often occupy public spaces, as can be seen in Simpang Lima in Semarang, a central business and culinary tourism district where street vendors sell their good on pedestrian ways. Moreover, these vendors have been stabilized to accommodate their existence in sustainable manner. Hence, it is necessary to review the adaption of this arrangement to pandemics, bearing in mind the necessity of precautions against Covid-19 and physical distancing in accordance with the recommendations of the World Health Organization (WHO). This research applied quantitative methods and obtained data by collecting questionnaires and observations, showing that street vendors’ spatial arrangement within the food court concept in Simpang Lima had been adaptive to the Covid-19 pandemic reviewed from space arrangement, vending facilities, and health protocol applications. Among the precautions implemented for each vendor are  the arrangement of space using modular spaces of size 3 by 3 meters, so that each has their own adaptive space, in accordance with physical distancing; maintaining spaces properly ventilated; applying a distance of more than one meter between any two tables in the consumer dining space; washing utensils in running water to maximize cleanliness; and ensuring the availability of public sinks with running water for customers and the public.
2019冠状病毒病引发了一场全球性危机,影响了生活的各个方面,包括城市空间安排,例如城市公共空间的街头小贩活动安排。作为主要城市活动发展起来的活动支撑之一,街头小贩经常占据公共空间,在三宝垄的Simpang Lima就可以看到,这是一个中央商业和美食旅游区,街头小贩在人行道上出售他们的商品。此外,这些供应商已经稳定,以适应其可持续的方式存在。因此,有必要根据世界卫生组织(世卫组织)的建议,考虑到预防Covid-19和保持身体距离的必要性,审查这一安排是否适用于大流行。本研究采用定量方法,通过问卷调查和观察获得数据,从空间安排、自动售货设施和卫生协议应用等方面分析,表明Simpang Lima美食广场概念内街头摊贩的空间安排已适应Covid-19大流行。在每个供应商实施的预防措施中,使用尺寸为3 × 3米的模块化空间安排空间,使每个供应商都有自己的适应空间,按照物理距离;保持空间适当通风;在消费者用餐空间的任意两张桌子之间施加超过一米的距离;用流动的水清洗餐具,尽量保持清洁;并确保为客户和公众提供有自来水的公共水槽。
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引用次数: 0
A Review on Office Space Management Post Pandemic COVID-19 新冠肺炎疫情后办公空间管理述评
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-3.1038
Seetha Visalakshi Kumaraguruparan, Arulmalar Ramaraj, S. Venkatavaradan
Literature studies reveal that mankind spends 90% of their life indoors. The current COVID 19, pandemic situation has capped the socialization among the people due to diverse reasons. This situation has questioned as well as challenged the age-old practices and standards that have been adopted in designing spaces for various functions. This study reinstates the need to maintain the health of the occupants especially in corporate offices. Achieving the users’ health and wellness that include some aspects of thermal comfort is challenging. The aim is to study, understand and achieve the key parameters that revolves around ‘health’ and ‘wellness’ of the occupants in corporate spaces that is expected to be occupied partially even during challenging situations. Exploratory methodology is adopted to identify and consolidate such parameters in this article. The data was collected from secondary resources such as ‘Well Building Standard’ by the International Well Building Institute, ‘Indian Green Building rating system’, ‘pandemic guidelines’ and ‘research articles’. It is observed that parameters such as ‘adequate and appropriate ventilation’, ‘indoor and native plants’ and ‘relative humidity’ need to be considered while facilitating the functioning of corporate spaces with minimum occupancy in situations which demand physical and social distancing. The role and the impacts of these parameters need to be explored in real time contexts.
文献研究表明,人类一生中90%的时间都在室内度过。由于多种原因,当前的新冠肺炎疫情限制了人们的社会化。这种情况对为各种功能设计空间时采用的古老做法和标准提出了质疑和挑战。这项研究重申了维护居住者健康的必要性,尤其是在公司办公室。实现用户的健康和身心健康(包括热舒适的某些方面)具有挑战性。其目的是研究、理解和实现围绕企业空间居住者的“健康”和“健康”的关键参数,即使在具有挑战性的情况下,企业空间也会被部分占用。本文采用探索性方法来确定和巩固这些参数。这些数据是从二级资源中收集的,如国际油井建设研究所的“油井建设标准”、“印度绿色建筑评级系统”、“流行病指南”和“研究文章”。据观察,在需要保持物理和社交距离的情况下,在促进企业空间以最低占用率运行的同时,需要考虑“充足和适当的通风”、“室内和本地植物”以及“相对湿度”等参数。这些参数的作用和影响需要在实时环境中进行探索。
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引用次数: 1
Achieving an Active Lifestyle within a Walkable Environment: Assessment of Before and During the COVID-19 Pandemic 在可步行的环境中实现积极的生活方式:COVID-19大流行之前和期间的评估
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-3.1040
Siti Fatimah Ilani Bilyamin, W. N. M. Wan Mohd Rani, Mohammad Hussaini Wahab
Having an active lifestyle has been regarded as one of the main factors for maintaining a healthy and happy life. However, previous studies have pointed out that most Malaysian adults are reported to be physically inactive due to lifestyle changes such as increasingly sedentary lifestyles, decreased physical activity (PA), and growing reliance on automobiles for mobility. Subsequently, the COVID-19 pandemic has further impacted the quality of the urban population’s active lifestyles, particularly the disruption resulting from movement restriction control orders which has limited the ability to maintain an active lifestyle. This scenario has the potential to negatively impact the health and mental state of the population if it continues without intervention by relevant stakeholders. Therefore, this study examined the patterns of PA and body mass index (BMI) and assessed the association between PA and a walkable environment to maintain an active lifestyle in Kuala Lumpur city centre before and during the COVID-19 pandemic. In this study ‘walkable environment’ refers to a physical attribute that encourages walking for functional and recreational purposes and ‘active lifestyle’ refers to walking being the main physical PA that contributes to health as part of people’s regular routine. This study adopted the mixed method approach through an online questionnaire survey, combined with the observation of selected areas and content analysis of written documents. The findings show that most respondents perceived that walking was the main PA that contributes to health. In terms of effects, walkable environments have been shown to have a positive impact on PA and health by encouraging an active lifestyle.
积极的生活方式被认为是保持健康快乐生活的主要因素之一。然而,先前的研究指出,由于生活方式的改变,如久坐的生活方式越来越多,体育活动(PA)减少,以及越来越依赖汽车出行,大多数马来西亚成年人都缺乏体育锻炼。随后,2019冠状病毒病大流行进一步影响了城市人口积极生活方式的质量,特别是行动限制控制令造成的中断,限制了维持积极生活方式的能力。如果没有相关利益攸关方的干预,这种情况继续下去,就有可能对人口的健康和精神状态产生负面影响。因此,本研究检查了PA和身体质量指数(BMI)的模式,并评估了PA与在2019冠状病毒病大流行之前和期间在吉隆坡市中心保持积极生活方式的可步行环境之间的关系。在这项研究中,“可步行的环境”指的是一种物理属性,鼓励人们出于功能性和娱乐性目的步行,而“积极的生活方式”指的是步行是一种主要的物理PA,有助于健康,是人们日常生活的一部分。本研究通过在线问卷调查,结合选定地区的观察和书面文献的内容分析,采用混合方法的方法。调查结果显示,大多数受访者认为步行是对健康有益的主要活动。就影响而言,可步行的环境已被证明通过鼓励积极的生活方式对PA和健康产生积极影响。
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引用次数: 2
Women’s Perception of Safety in the City Street of Kuala Lumpur: The Covid-19 Impact 吉隆坡城市街道上女性的安全感:新冠疫情的影响
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1022
Suhaila Abdul Rashid, M. H. Wahab, Wan Nurul Mardiah Wan Rani
The street is a vital public space for all in a city. It is the spine that connects to buildings, transportation nodes, public spaces like pocket spaces and other nodes for pedestrian. Sustainable Development Goals (SDGs) promotes the inclusivity for all. To achieve sustainability, street should be safe for all especially women who are a vulnerable group. As a public space, there are many restrictions implemented during the Movement Control Order (MCO) to curb the spread of Covid-19, therefore the livelihood, dynamic and safety is a concern for those who still needs to be on the street. Even though the city street is not as busy as before the pandemic, safety is still a main concern especially amongst women. This study is focusing on women’s perception of safety in the street. This is always a concern as the pandemic has affected the economic sectors which in turn affects employment. Unemployment leads to crime which creates an unsafe perception. In order to evaluate the issue, a case study approach has been chosen and Jalan Tuanku Abdul Rahman in Kuala Lumpur is the area for this study. This study was performed through mixed method of in-depth interview, structured observation and questionnaire survey. Finding reveals that to enhance perception of safety for women, street design needs to consider both physical and social characteristic in the city. Pedestrian needs to use the street during the pandemic, and therefore findings from this study could assist policy maker and designer in developing framework for a safer street
街道是城市中所有人的重要公共空间。它是连接建筑、交通节点、公共空间(如口袋空间)和其他行人节点的脊柱。可持续发展目标促进所有人的包容性。为了实现可持续性,街道应该对所有人,特别是弱势群体妇女是安全的。作为一个公共空间,在行动控制令期间实施了许多限制措施,以遏制新冠病毒的传播,因此仍然需要在街上的人的生计,活力和安全是一个问题。尽管城市街道不像大流行之前那么繁忙,但安全仍然是一个主要问题,特别是对妇女而言。这项研究的重点是女性对街道安全的看法。这一直是一个令人关切的问题,因为大流行病影响到经济部门,进而影响到就业。失业导致犯罪,造成不安全的感觉。为了评估这个问题,我们选择了一个案例研究的方法,吉隆坡的Jalan Tuanku Abdul Rahman是这个研究的区域。本研究采用深度访谈、结构化观察和问卷调查相结合的方法进行。研究结果表明,为了提高女性的安全意识,街道设计需要考虑城市的物理和社会特征。在大流行期间,行人需要使用街道,因此本研究的结果可以帮助决策者和设计师制定更安全街道的框架
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引用次数: 0
COVID 19: Are Our Green Areas Enough for People’s Well-being 2019冠状病毒病:我们的绿色区域足以保障人民福祉吗
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-3.1031
Wan Azlina Wan Ismail, Muhamad Solehin Fitry Rosley, Wan Yusryzal Wan Ibrahim, Syumi Rafida Abdul Rahman
Malaysians’ overall well-being, particularly in urban areas, has been seriously affected physically and emotionally due to the series of imposed lockdowns in the country. The number of mental health problems such as depression, anxiety, and loneliness has increased tremendously during the lockdown period. Various studies suggest that these mental health issues could be coped with if people are allowed to access urban greeneries and public green spaces during the pandemic. However, the degree to how adequate existing green areas are to fulfil an urban community’s needs with strict social distancing compliance is still vaguely interpreted in the literature. It is still arguable that the current 10 per cent green area requirement is still relevant to the current context of the COVID-19 pandemic. This study aims to determine the sufficient amount of green areas for people’s well-being during the pandemic, based on the local population, accessibility to green areas, and compliance with the new norm of social distancing by a minimum of one meter. Therefore, an urban neighbourhood in Iskandar Puteri, Johor, Malaysia was selected and simulated using GIS spatial analysis based on the highlighted parameters. As a result, the study found that the current size of existing green areas in the neighbourhood is insufficient in terms of compliance with the parameters, especially Malaysia’s social distancing requirements. This study could provide a platform for future planning to include pandemic risk reduction into urban planning policies, especially in the context of Malaysia, to cater to future uncertainties
由于国内实施了一系列封锁,马来西亚人的整体福祉,特别是城市地区的福祉,在身体和情感上都受到了严重影响。在封锁期间,抑郁、焦虑、孤独等心理健康问题的数量急剧增加。各种研究表明,如果允许人们在大流行期间进入城市绿地和公共绿地,这些心理健康问题就可以得到解决。然而,在严格遵守社会距离的情况下,现有绿地在多大程度上足以满足城市社区的需求,文献中仍然模糊地解释了这一点。目前10%的绿化面积要求是否与当前COVID-19大流行的背景有关,仍有争议。本次研究的目的是,根据当地人口、绿地可达性、遵守社会距离新规范至少一米的情况,确定疫情期间适合人们生活的绿地数量。因此,我们选择了马来西亚柔佛州依斯干达Puteri的一个城市社区,并根据突出显示的参数使用GIS空间分析进行了模拟。因此,研究发现,就符合参数而言,社区现有绿地的目前规模不足,特别是马来西亚的社交距离要求。这项研究可以为未来规划提供一个平台,将减少大流行风险纳入城市规划政策,特别是在马来西亚的背景下,以适应未来的不确定性
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引用次数: 1
Tragedy of the Anticommons (ToA) in Agricultural Land Partition involving Fragmented Co-proprietorships: An Analysis of Malaysian Case Laws 农地分割中涉及分散共有的反公地悲剧:马来西亚判例法分析
IF 0.8 Q4 URBAN STUDIES Pub Date : 2022-05-22 DOI: 10.11113/ijbes.v9.n2.921
Gabriel Ling Hoh Teck, Nur Amiera Suhud, Gabrielina Fui Tze Chai, P. C. Leng, L. B. Yeo, L. W. Chau, C. Ho
There is a lack of understanding of the theory of the Tragedy of the Anticommons (ToA), a type of coordination breakdown or a hold-out problem involving multiple fragmented co-proprietorships with undivided shares, in the land partition context. This paper, hence, discusses how ToA occurs particularly in the agricultural land partition that is primarily governed under the National Land Code 1965 and proposes potential legal and non-legal approaches and mechanisms to address the land tragedy. An abductive content analysis of (9) case laws extracted from the LexisNexis database was performed through which themes and codes were developed to explain how ToA hindering land partition takes place. Subsequently, judicial decisions in solving disputes arising from land partition and existing best practices in dealing with the tragedy were reviewed. The case laws review indicated that unsuccessful agricultural land partition associated with high transaction costs in securing co-proprietors consensus is a form of simultaneous ToA, that most of the unpartitioned land (anticommons) may be subject to underinvestment (land mismanagement) and disuse. Key factors leading to disagreement among co-proprietors and consequently ToA are as follows: (i) unequal (unfair) proportion or shares of land; (ii) uneven geographical partition and spatial distribution of government reserves; and (iii) potential damages and negative effects (e.g., loss of income and property). To address ToA, these are legal mechanisms proposed: statutory enforcement of the National Land Code (NLC) 1965 (via land forfeiture and reversion), the Land Acquisition Act (LAA) 1960 on compulsory land acquisition, and judicial decisions (e.g., land partitions may take place if it is fairly distributed and made by the majority shareholders), while non-legal approaches cover negotiation and arbitration; en-bloc sales (partition); collective action through enhanced social capital; and imposition of a tax on underutilised land. By showcasing various agricultural anticommons tragedies and their potential negative externalities in the land partition context, this paper offers policy and management insights that help land officers and local authorities ensure the maximum efficiency and productivity (i.e., highest and best use) of the land
人们对反社区悲剧(ToA)的理论缺乏理解,这是一种协调崩溃或拖延问题,涉及土地分割背景下多个具有不可分割股份的分散共有企业。因此,本文讨论了ToA是如何发生的,特别是在主要受1965年《国家土地法》管辖的农业土地分割中,并提出了解决土地悲剧的潜在法律和非法律方法和机制。对从LexisNexis数据库中提取的(9)判例法进行了溯因内容分析,通过该分析开发了主题和代码,以解释阻碍土地分割的ToA是如何发生的。随后,审查了解决土地分割纠纷的司法裁决以及处理悲剧的现有最佳做法。判例法审查表明,在确保共同所有人达成共识方面,与高交易成本相关的农业土地分割不成功是一种同时的ToA形式,大多数未分割的土地(反共有土地)可能存在投资不足(土地管理不善)和废弃。导致共同所有人之间产生分歧并因此产生ToA的关键因素如下:(i)土地比例或份额不平等(不公平);(ii)政府储备的地理分区和空间分布不均;三潜在损害和负面影响(例如收入和财产损失)。为了解决ToA问题,提出了以下法律机制:1965年《国家土地法》(NLC)(通过土地没收和归还)、1960年《土地征用法》(LAA)关于强制性土地征用的法定执行,以及司法裁决(例如,如果公平分配和由大股东做出,则可以进行土地分割),而非法律途径包括谈判和仲裁;整体销售(分区);通过增强社会资本采取集体行动;以及对未充分利用的土地征税。通过展示土地分割背景下的各种农业反共悲剧及其潜在的负外部性,本文提供了政策和管理见解,帮助土地官员和地方当局确保土地的最大效率和生产力(即最高和最佳利用)
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International Journal of Built Environment and Sustainability
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