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International Journal of Law in The Built Environment最新文献

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Realising the “right to the city” 实现“城市权”
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-04-2013-0013
R. Hearne
{"title":"Realising the “right to the city”","authors":"R. Hearne","doi":"10.1108/IJLBE-04-2013-0013","DOIUrl":"https://doi.org/10.1108/IJLBE-04-2013-0013","url":null,"abstract":"Purpose – This article aims to explore the concept of achieving the “right to the city” for marginalised communities. It uses human rights instruments and regeneration best practice to develop a toolkit of indicators for urban regeneration. The article contributes to the literature on realising economic, social and cultural rights encompassed in the “right to the city”.Design/methodology/approach – The article adopts an interdisciplinary approach, involving human rights law, urban planning, housing studies, community development, housing law and social policy. It draws on primary qualitative (participative and observatory) research undertaken by the author while implementing a human rights based approach in an Irish inner‐city local authority estate from 2009 to 2013.Findings – The human rights framework can be adapted to develop a set of measurable regeneration indicators. This article suggests that the application of this rights toolkit provides a greater potential for regeneration to meet human rights ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"85 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121925911","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}
引用次数: 11
The meaning of home: from theory to practice 家的意义:从理论走向实践
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-11-2012-0024
L. F. O’Mahony
{"title":"The meaning of home: from theory to practice","authors":"L. F. O’Mahony","doi":"10.1108/IJLBE-11-2012-0024","DOIUrl":"https://doi.org/10.1108/IJLBE-11-2012-0024","url":null,"abstract":"Purpose – This paper aims to analyse the development and application of the conceptual framework within which housing scholars can think, talk about and advocate for “home”.Design/methodology/approach – It reflects on the theoretical progress that has been made in embedding a legal concept of home in the last decade, and identifies opportunities for this scholarship to support critical engagement with laws and policies that give content to home meanings.Findings – A key goal for the concept of home is to help us to think about problems differently, by highlighting important issues flowing from the human relationship with home; with the ways in which the idea of home is present or absent in legal responses to home issues. A focus on home meanings enables us to examine questions which are not always deemed “relevant” to legal proceedings, for example, the human, social and personal costs of displacement and dispossession. The concept of home provides the vocabulary, and the theoretical framework, for articu...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133199315","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}
引用次数: 26
The Subsidiarity Rule: the Unjust Enrichment Doctrine in Construction Law 辅助原则:建筑法中的不当得利原则
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-08-2012-0014
Aimite Jorge
{"title":"The Subsidiarity Rule: the Unjust Enrichment Doctrine in Construction Law","authors":"Aimite Jorge","doi":"10.1108/IJLBE-08-2012-0014","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2012-0014","url":null,"abstract":"Purpose – The purpose of this paper is to re‐examine the subsidiarity rule in unjust enrichment and challenge some of its theoretical foundations and its unqualified application in unjust enrichment law as a whole.Design/methodology/approach – The paper uses a comparative approach with South African and Brazilian laws as the main reference points, but it extends the analysis to common‐law jurisdictions elsewhere. It explores the extent and limits of the applicability of the rule in claims arising from the built environment. It analyses the interaction between the subsidiarity rule and the defence of change of position.Findings – It concludes that, in three party cases, subcontractors may be able to use enrichment actions against owners to obtain an adequate redress. The exclusion of enrichment claims where there is a consensual distribution of risks and rewards normatively operates to validate any transferred benefit and eliminates any prospective normative gain or loss. However, policy‐based claims for u...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134642609","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}
引用次数: 0
Sites suitable for mixed use development in Britain and America 在英国和美国适合混合用途发展的地点
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-08-2012-0012
Jan G. Laitos, Teresa M. Abel
{"title":"Sites suitable for mixed use development in Britain and America","authors":"Jan G. Laitos, Teresa M. Abel","doi":"10.1108/IJLBE-08-2012-0012","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2012-0012","url":null,"abstract":"Purpose – This paper aims to evaluate the suitability and feasibility of the four most likely urban spaces for mixed use development – brownfields (contaminated lands); greenfields (open, undeveloped areas); greyfields (closed or dying shopping centers and empty parking lots); and redfields (underperforming, foreclosed commercial real estate).Design/methodology/approach – Literature about and studies of mixed use development projects in America and Britain were reviewed, and so too were specific examples of the four candidate urban spaces. The authors then analyzed which spaces succeeded as mixite and which failed.Findings – Brownfields are often not successfully transformed into usable mixite; nor are greenfields. The cost and regulatory complication of removing pollution from brownfields is too often prohibitive, and greenfields are too far away from urban core areas. By contrast, greyfields and redfields appear to be far more suitable spaces for mixed use development projects.Originality/value – Most g...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116033957","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}
引用次数: 1
Property and power in the English countryside: the case of housing 英国乡村的财产与权力:以住房为例
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-07-2012-0009
P. Somerville
{"title":"Property and power in the English countryside: the case of housing","authors":"P. Somerville","doi":"10.1108/IJLBE-07-2012-0009","DOIUrl":"https://doi.org/10.1108/IJLBE-07-2012-0009","url":null,"abstract":"Purpose – The purpose of this paper is to analyse and reflect on the changing relations of class and power in rural England, with a particular focus on housing.Design/methodology/approach – The paper reviews the evidence concerning the changing ownership of housing and land in English rural areas, and the problems relating to this.Findings – The paper finds that, in spite of huge social changes over the course of the 20th century, relations of class and power in rural England have retained the same basic form, based on landownership. The countryside continues to be dominated by landowners, who now include large numbers of nouveaux riches, while the landless (and carless) find it increasingly difficult to access housing, employment and basic services and amenities in rural areas. Landowner dominance is maintained not only by the rule of private property and property markets, but also by a state planning system that is heavily biased towards landowning classes and against the poor.Research limitations/impli...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126742685","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}
引用次数: 0
The effectiveness of time bar clauses following the high court in decision in Andrews v. Australia and New Zealand Banking Group 高等法院对安德鲁斯诉澳大利亚和新西兰银行集团案判决后时间限制条款的效力
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-12-2012-0029
P. Davenport, M. Brand
{"title":"The effectiveness of time bar clauses following the high court in decision in Andrews v. Australia and New Zealand Banking Group","authors":"P. Davenport, M. Brand","doi":"10.1108/IJLBE-12-2012-0029","DOIUrl":"https://doi.org/10.1108/IJLBE-12-2012-0029","url":null,"abstract":"Purpose – In Australia, compulsory rapid adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) (or the equivalent legislation another Australian State or Territory) is a common way that payment claims under commercial construction contracts are decided. Construction contracts often contain penalty clauses. In particular, time bar clauses have been used to impose a penalty upon claimants and are frequently raised by a respondent as a reason for withholding payment. In the recent case of Andrews v. Australia and New Zealand Banking Group [2012] HCA 30 (“the Andrews case”), decided by the high court of Australia, the court has described how Australian courts must deal with penal provisions in contracts. The purpose of this paper is to consider the effectiveness of time bar clauses in the light of the penalty doctrine enunciated in the Andrews case.Design/methodology/approach – A “black‐letter” approach is adopted to analyse and explain the effectiveness of time bar clau...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"101 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129999059","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}
引用次数: 1
A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean 地中海地区建筑能效指令实施的比较分析
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-11-2012-0025
A. Abela, Mike Hoxley, Paddy McGrath, S. Goodhew
{"title":"A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean","authors":"A. Abela, Mike Hoxley, Paddy McGrath, S. Goodhew","doi":"10.1108/IJLBE-11-2012-0025","DOIUrl":"https://doi.org/10.1108/IJLBE-11-2012-0025","url":null,"abstract":"Purpose – The Energy Performance of Buildings Directive (EPBD) 2002/91/EC introduced various obligatory requirements intended to achieve the reduction of use of energy resources in buildings. This directive had to be transposed into national legislation by the EU member states. Concurrently the European Committee for Standardisation developed a number of technical standards to assist member states to define the methodology for the calculation of the energy performance of buildings. The purpose of this paper is to present a comparative review of the relationship between the European directive and the standards, and the different country legislation and methodologies that have been implemented in Malta, Italy, Spain and Cyprus.Design/methodology/approach – The analysis is based on a review of national legislation in the four states. Reference is also made to publications by the Concerted Action for the EPBD and to related publications by the national bodies responsible for the implementation of the EPBD. Th...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131293087","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}
引用次数: 4
Housing and planning regulation – England and Ireland 住房和规划条例-英格兰和爱尔兰
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-08-2012-0015
Francine Baker
{"title":"Housing and planning regulation – England and Ireland","authors":"Francine Baker","doi":"10.1108/IJLBE-08-2012-0015","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2012-0015","url":null,"abstract":"Purpose – The paper will aim to examine the contemporary origins and development of the planning system and housing regulation in England and Ireland. One objective is to broadly explicate how the regulation of housing in England began, with reference to Ireland, and its relationship with the planning system. The other is to outline the swing in England from a hotchpotch decentralised system to a centralised, and back again sharply to decentralised approach to planning and the provision for housing, a swing unparalleled in Ireland.Design/methodology/approach – The approach is to consider the main influences on the regulation of planning and housing, with reference to historical, social and legal regulatory developments, and to broadly assess the role of centralised and decentralised systems.Findings – The regulation of housing was an incidental product of the regulation of public health. The use of town and country planning principles could have assisted such regulation, but were unpopular until the devel...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114543696","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}
引用次数: 1
Title by registration or conquest 通过登记或征服获得的头衔
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/IJLBE-03-2013-0008
M. Dixon
{"title":"Title by registration or conquest","authors":"M. Dixon","doi":"10.1108/IJLBE-03-2013-0008","DOIUrl":"https://doi.org/10.1108/IJLBE-03-2013-0008","url":null,"abstract":"Purpose – 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 2002, in particular when a title is registered without the proprietor being able to establish good title under pre‐registration rules of property law.Design/methodology/approach – This paper analyses reported judgments, with particular emphasis on the decision in Walker v. Burton [2012].Findings – The paper identifies an uncertainty at the heart of the registration system: the uncertainty as to the extent to which a registered title may be rectified to remove the proprietor. This is acute when it appears that the registered proprietor has no claim to the land other than by reason of his registration. There may be a difference in this regard between intangible property titles and tangible titles.Originality/value – The Land Registration Act 2002 is meant to replace registration of title with title by registration. The real force of this is only now being rea...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133710455","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}
引用次数: 2
Management agreements in multi‐unit housing developments 多单元住宅开发项目的管理协议
International Journal of Law in The Built Environment Pub Date : 2013-11-10 DOI: 10.1108/17561451311312810
T. Gibbons
{"title":"Management agreements in multi‐unit housing developments","authors":"T. Gibbons","doi":"10.1108/17561451311312810","DOIUrl":"https://doi.org/10.1108/17561451311312810","url":null,"abstract":"Purpose – The purpose of this paper is to test existing theoretical models relating to management agreements and “developer abuse” in relation to multi‐unit housing developments through applying them to a new jurisdiction: New Zealand.Design/methodology/approach – The paper uses a combination of case studies from reported legal cases, and a socio‐legal framework, to apply existing models to New Zealand.Findings – The analysis shows that existing models are accurate, but can be improved and refined through a deeper examination of the issues arising from decided cases. New phenomena were identified that require more attention.Research limitations/implications – This analysis is restricted to decided cases and empirical research may allow further findings. The research was also limited to New Zealand as a test of existing models.Practical implications – The analysis in this paper shows that there are difficulties with recent law reforms, and more attention is needed to legislative solutions to the problems i...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"313 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121592500","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}
引用次数: 3
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