JournalTOCs

Journal of Property, Planning and Environmental Law
Journal Prestige (SJR): 0.227

Number of Followers: 5

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2514-9407 - ISSN (Online) 2514-9407
Published by Emerald

[360 journals]

The regulatory failure of spatial planning and its environmental impact: a
case study of hotel projects in Bali, Indonesia
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: I Gusti Ngurah Parikesit Widiatedja
  Abstract: This paper aims to explain the impact of spatial planning regulations in the development of hotels in Bali, particularly as regards environmental damage. It then analyzes the factors that cause spatial planning to fail to prevent environmental damage. This paper is based on both fieldwork and library research, and a broadly socio-legal approach is adopted, involving a combination of doctrinal research and empirical legal method. This paper finds that interrelated legal, political and economic factors contribute to this failure, including conflicting regulations on the review and amendment of spatial plans, the pursuance of economic enrichment and an unsustainable approach to economic development. Although some or even all of these factors may have seemed obvious from the start, because they are common causes of regulatory failure, this paper demonstrates empirically that they are exacerbated and made more challenging because of the interrelationship between legal, political and economic factors. Given the existence of intertwined legal, political and economic factors behind the regulatory failure of spatial planning, more studies need to be undertaken to restore spatial planning objectives as a means of preventing tourism projects in Bali from damaging the environment. The author proposes a reform to make spatial planning regulations more effective, particularly in preventing environmental damage by tourism projects.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2022-05-18
  DOI: 10.1108/JPPEL-10-2021-0048
  Issue No: Vol. ahead-of-print , No. ahead-of-print (2022)
When a backer is an expropriator: pitfalls in the consumer protection
mechanism for off-plan building sales in Vietnamese law
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Hai Thanh Doan , Diep Thi Phuong Doan , Sang Minh Luu
  Abstract: To motivate investments in housing projects, the state may allow private entities to mobilize capital through selling off-plan buildings and use proceeds to complete the project. The state senses the risks for consumers in these projects: frauds certainly occur. To safeguard consumers’ interests, the Vietnamese Government requires developers to obtain a bank's refund guarantee to sell off-plan. This paper aims to point out how consumers are marginalized due to the mechanism (mechanisms) dedicated to protecting them. The authors review the legal regulations in Vietnam, contracts in transactions on which they have given legal consultation (the authors leave the information anonymous for privacy issues), and real disputes exposed by newspapers re: off-plan sales. This paper argues that the measure fails for two reasons. First, there are many weaknesses allowing banks to avoid this mechanism. Second, banks lend to developers, and as such, play the role of a secured creditor. In these situations, there is a conflict of interest between the bank's roles and between the bank and consumers. Moreover, Vietnamese law, by endowing banks the privilege of seizing and obtaining possession of collaterals, may put aside consumers' interests. Bank's refund guarantee’ is a recent initiative of the Vietnamese Government, offered to safeguard consumers’ interests in off-plan sales. Issues arising thereupon have not yet been fully exposed, especially, in conjunction with a broad view of the Vietnamese legal system. The analysis and critiques offered by this study may have policy implications for other jurisdictions as well.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2022-05-10
  DOI: 10.1108/JPPEL-01-2022-0005
  Issue No: Vol. ahead-of-print , No. ahead-of-print (2022)
Mistakes, mispleading and overreaching: understanding title registration
and correcting the register
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Martin Dixon
  Abstract: The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title is registered, where there has been a mistake and how that connects with the doctrine of overreaching. This paper analyses the reported judgments, with particular emphasis on the decision in Knight v Fernley (2021). This paper explores the concepts of “mistake” and “overreaching” and concludes that LRA 2002 provides a complex, but complete answer to concerns about the application of these doctrines. This paper will encourage certainty in the judicial decision-making process when “mistakes” occur in the land register. It will contribute to the resolution of difficult, and current, controversies. To enable legal advisers to be clear in their obligations and the advice they give to clients, and to further a better understanding of title registration in England and Wales. The LRA 2002 replaces registration of title with title by registration. The real force of this is only now being realised and there are few reported judgments, and less consistency, working out what this means in practice. There are no other comments on this critical case, even though it helps elucidate the circumstances in which the title register may be altered.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2022-03-18
  DOI: 10.1108/JPPEL-11-2021-0053
  Issue No: Vol. ahead-of-print , No. ahead-of-print (2022)
An evaluation of EIA system performance in Turkey in the context of
procedural effectiveness
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Deniz Çolakkadıoğlu
  Abstract: In Turkey, where the environmental impact assessment (EIA) has been applied since 1993, there have been numerous amendments in the legal and administrative process of the EIA. This study aims to evaluate the effectiveness of those amendments to the EIA process. This paper evaluated EIA system performance in the context of procedural effectiveness in Turkey from the day implementation was begun. From its beginning to the present day, the positive and negative developments at the EIA process in Turkey caused by the amendments were evaluated and at which stages. Measures recommended increasing the effectiveness of each of the EIA systems were also identified. As the EIA Directive first came into force in the USA in 1970, EIA procedures have been widely adopted throughout the world. Although it has been implemented for many years, expectations regarding the EIA process have still not been realized which has forced countries to conduct studies to increase the effectiveness of the EIA process. Turkey, like other countries that are implementing the EIA, acknowledges that the EIA is a significant impact assessment tool and continues its studies to implement this system effectively. In this respect, in Turkey, where the EIA has been applied since 1993, there have been numerous amendments in the legal and administrative process of the EIA. The results obtained from this study were expected to facilitate the evaluation of the EIA process in Turkey and to guide other similar countries.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2021-11-17
  DOI: 10.1108/JPPEL-05-2021-0032
  Issue No: Vol. 13 , No. 3 (2021)
Legal frameworks for urban agriculture: Sydney case study
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Linda Corkery , Paul Osmond , Peter Williams
  Abstract: This paper aims to examine the planning policy and legal framework governing the creation and operation of urban agriculture in Sydney, Australia’s global city. All levels of urban agriculture are considered – from domestic and small community gardens to large agribusiness – as all make an important contribution to agricultural production in an urban context. Using the Australian State of New South Wales and its capital Sydney, as a focus, the study examines the recent trend of the recognition and re-establishment of agriculture as a desired land use in cities. Three examples are selected for closer scrutiny – Horsley Park Urban Agriculture Precinct, located in the Western Sydney Parklands; City of Sydney’s City Farm, located in the inner suburb of St Peters; and the Western Sydney Aerotropolis Agribusiness Precinct, located at a new airport on the fringe of Sydney. As more city-dwellers embrace urban food production and as city authorities seek to encourage and facilitate farming activities, it is clear that regulatory structures which allow it to happen should be incorporated into urban planning legislation at (in the Australian context) state government level. If cities want to encourage urban agriculture, planning legislation needs to be part of the broader legal framework for enabling it to germinate and thrive. This paper explores the emergence of two new types of urban agriculture: first, the multi-functional, small-scale urban farming operation, situated conceptually between a community garden and a full-scale commercial agricultural enterprise, and located spatially in the midst of built-up urban form; and second, the intensive, high tech export-oriented model exemplified by the Aerotropolis Agribusiness Precinct.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2021-07-31
  DOI: 10.1108/JPPEL-06-2020-0030
  Issue No: Vol. 13 , No. 3 (2021)
The legal framework for the Syrian urban reconstruction
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.
  
  Authors: Antonio-Martín Porras-Gómez
  Abstract: As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question pervades all these debates: is the current legal framework adequate for confronting the reconstruction challenges in an effective way' With the purpose of understanding and informing the question, this study aims to analyze the most important legal instrument for the Syrian urban reconstruction, Law 10/2018. A functional analysis of the legal text and of its effective implementation is provided. Following a doctrinal legal approach, internal inconsistencies are highlighted, as well as possible “legal gaps” that might allow and favor instances of disrespect of the rule of law and regulatory capture. The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the neoliberal trend in the Syrian political economy underpins the legal framework for the Syrian reconstruction. Second, from a design perspective, that, while offering a strong mechanism for disciplining the Syrian urban planning, Law 10/2018 does not warrant a scenario of respect of the rule of law and seems too easy prey for regulatory capture. While the most recent and prominent legal instrument aimed to frame Syrian post-war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is something that has not been done yet, even if, according to their own ontology, legal provisions have to be understood within the context of the legal system they are inserted in. This paper delves into the subject, analyzing the legal text, its juridical context and the way it has been interpreted by the administrative decision-maker while looking at instances where the axiological goals constitutionally proclaimed and legally enshrined might be prevented by the very regulatory configuration.
  Citation: Journal of Property, Planning and Environmental Law
  PubDate: 2021-06-03
  DOI: 10.1108/JPPEL-10-2020-0044
  Issue No: Vol. 13 , No. 3 (2021)
Journal of Property, Planning and Environmental Law
- Free pre-print version: Loading...
  Rate this result: What is this?
  
  Please help us test our new pre-print finding feature by giving the pre-print link a rating.
  A 5 star rating indicates the linked pre-print has the exact same content as the published article.