Journal of Property Planning and Environmental Law最新文献

{"title":"New space property age: at the crossroads of space commons, commodities and competition","authors":"Maria Rhimbassen, L. Rapp","doi":"10.1108/jppel-02-2021-0007","DOIUrl":"https://doi.org/10.1108/jppel-02-2021-0007","url":null,"abstract":"\u0000Purpose\u0000In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.\u0000\u0000\u0000Design/methodology/approach\u0000Through an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.\u0000\u0000\u0000Findings\u0000This paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.\u0000\u0000\u0000Originality/value\u0000This paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"80 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83843497","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}

{"title":"A circular economy for electric vehicle batteries: driving the change","authors":"J. Ahuja, L. Dawson, Robert Lee","doi":"10.1108/jppel-02-2020-0011","DOIUrl":"https://doi.org/10.1108/jppel-02-2020-0011","url":null,"abstract":"\u0000Purpose\u0000With the UK’s accelerating plans to transition to electric mobility, this paper aims to highlight the need for policies to prepare for appropriate management of electric vehicle (EV) lithium-ion batteries (LIBs) as they reach the end of their life.\u0000\u0000\u0000Design/methodology/approach\u0000This is a regulatory review based on projections of EV LIBs coming off the market and associated problems of waste management together with the development of a servitisation model.\u0000\u0000\u0000Findings\u0000Circular economy in EV LIBs is unlikely to shape itself because LIB recycling is challenging and still in development. LIB volumes are insufficient for recycling to be currently profitable, and a circular economy here will need to be driven by regulatory intervention. Ignoring the problem carries potentially high environmental and health costs. This paper offers potential solutions through new EV ownership models to facilitate a circular economy.\u0000\u0000\u0000Research limitations/implications\u0000The authors suggest a new EV ownership model. However, despite environmental benefits, re-shaping the fundamentals of market economies can have disruptive effects on current markets. Therefore, further exploration of this topic is needed. Also, the data presented is based on future projections of EV markets, battery lifespan, etc., which are uncertain at present. These are to be taken as estimates only.\u0000\u0000\u0000Originality/value\u0000The paper proposes regulatory interventions or incentives to fundamentally change consumer ideas of property ownership for EVs, so that EV automotive batteries remain the property of the manufacturer even when the consumer owns the car.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"26 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90661383","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}

{"title":"New Perspectives on Land Registration: Contemporary Problems and Solutions","authors":"Sarah Keenan","doi":"10.1108/jppel-10-2019-046","DOIUrl":"https://doi.org/10.1108/jppel-10-2019-046","url":null,"abstract":"","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"196 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79856641","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}

{"title":"No children, no DSS, no students: online adverts and “property guardianship”","authors":"Jed Meers, C. Hunter","doi":"10.1108/JPPEL-04-2019-0023","DOIUrl":"https://doi.org/10.1108/JPPEL-04-2019-0023","url":null,"abstract":"PurposeThose seeking a new place to live – especially in the private rented sector – now head online to do so. The platforms they use and adverts they see are an important source of information about the properties they will occupy and how their owners’ seek to project them. This paper aims to argue for the importance of property adverts as a source of data, using “property guardianship” to illustrate the value in the approach.Design/methodology/approachThe study draws on an analysis of 503 advertisements published on SpareRoom.co.uk – a leading property search engine – in July 2018.FindingsThe authors put forward four key areas of findings. The first two look at legal understanding, dealing with the context, the advertisement provides for eventual occupation (the “process of construction”) and any indications they provide of legal elements of occupation (“diagnostics”). The final two deal with the broader positioning of the sector, analysing the practice of excluding prospective occupiers, such as the widespread inclusion of “no Department of Social Security” seen elsewhere in the private rented sector, and how the adverts project a certain lifestyle to their viewer.Research limitations/implicationsThe findings demonstrate that further research into property advertisements would be valuable, particularly into other sub-markets in the private-rented sector, such as student accommodation and “professional” lets.Originality/valueThis study is the only analysis of property guardian advertisements and the first dedicated study of private rented sector advertisements in the UK.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"114 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81050429","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}

{"title":"Human rights and the moralities of property","authors":"B. Holligan","doi":"10.1108/jppel-04-2019-0014","DOIUrl":"https://doi.org/10.1108/jppel-04-2019-0014","url":null,"abstract":"\u0000Purpose\u0000Responding to the Supreme Court’s decision in R (on the application of Mott) v. Environment Agency, the purpose of this study is to explore the interface between property, environment and human rights. It examines the space within human rights jurisprudence for a richer notion of property that can accommodate social and environmental obligation and non-anthropocentric values.\u0000\u0000\u0000Design/methodology/approach\u0000In this study, a theoretical lens is applied to human rights doctrine. A central question is the extent to which there is room within the discourse on Article 1 of Protocol 1 (A1P1) to the European Convention on Human Rights for a more relational and ecocentric approach. The paper engages with the jurisprudence of the UK courts and that of the European Court of Human Rights, as well as the works of scholars such as Jennifer Nedelsky and Nicole Graham.\u0000\u0000\u0000Findings\u0000It is concluded that although the judgment in Mott demonstrates the potential for A1P1 to function as a means for rights-holders to obtain a voice in environmental decision-making processes, it highlights the tendency of property to preserve existing structures and arrangements. When assessing whether an individual is asked to bear an excessive burden, great weight was given in Mott to values associated with livelihood. What did not feature in the (brief) judgment was the consideration of the ecological context in which Mr Mott’s rights were embedded and the extent to which this context might have inherently restricted his ability to enjoy his property. The dispute demonstrates the limitations of existing property institutions and discourses in managing ecological conflict and fostering positive relationships and management practices.\u0000\u0000\u0000Originality/value\u0000This study contributes to the doctrinal literature on A1P1, providing a new perspective on the role of human rights jurisprudence in managing environmental conflict. It is original in its examination of human rights discourse in light of relational and ecocentric theories of property, providing a critique of existing values and paradigms. Evaluating the doctrinal reasoning in Mott with reference to this theoretical framework, it provides fresh insight into the limitations of the Supreme Court’s approach. It points to the need for more explicit incorporation of environmental values and contexts in human rights reasoning.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"6 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81900542","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}

{"title":"The impact of compensation upon urban village residents satisfaction with the land expropriation process","authors":"Ning Chai, R. Stevens, Xiaozhen Fang, Chunyue Mao, Ding Wang","doi":"10.1108/jppel-03-2019-0011","DOIUrl":"https://doi.org/10.1108/jppel-03-2019-0011","url":null,"abstract":"\u0000Purpose\u0000The purpose of the paper is to investigate compensation and related welfare issues in the case of the expropriation of land for urban redevelopment in China.\u0000\u0000\u0000Design/methodology/approach\u0000A mixed methods quantitative and qualitative approach was selected to undertake the research. This involved a wide ranging qualitative review of the academic and policy literature to explore the relevant arguments and issues, combined with a quantitative regression analysis of survey data collected from research subjects.\u0000\u0000\u0000Findings\u0000The research identified the complex and changeable phenomena of urban village redevelopment in China, and the variable compensation arrangements used. The research found that monthly family income before land expropriation, monthly family expense before expropriation, the location of the housing expropriation and family unit size are important determinants for the property holders chosen methods of compensation. It also found that an increase in family size leads to a decreasing probability that the expropriated farmers choose the single monetary compensation relative to the alternative option of housing compensation. The degree of satisfaction with compensation, changes in monthly family income and expense are found to be significant determinants for changes in life satisfaction.\u0000\u0000\u0000Research limitations/implications\u0000The research made the following four recommendations based upon the qualitative and quantitative analysis: that local governments should pay closer governance/ political attention to changes in the welfare of the farmers/ villagers whose property has been expropriated; that central and local government should aim to improve the compensation system for rural land and property expropriation, to make the compensation policy be perceived as fairer and more reasonable by citizens; that a broad National standard of compensation be used within a pragmatic locally focussed regime; that the Chinese Central, Provincial and Local governments can devise improved policy tools and make more effective policy interventions by learning from the experiences (both successes and failures) of other countries approaches to this topic. It also suggested that further research be undertaken investigating the multitude of local level policy experiments, as a way of developing better National compensation standards based upon those compensation standards that appear to be working – and have citizen support – at the local level.\u0000\u0000\u0000Originality/value\u0000The literature review identified recent developments in Chinese urban studies and originally synthesised both recent and longstanding work on the issue of urban villages in China. The research also suggested changes to the National and Local legal and policy framework for compensation cases in urban redevelopment expropriation scenarios.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89317679","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}

{"title":"“Family-friendly” tenancies in the private rented sector","authors":"E. Walsh","doi":"10.1108/JPPEL-04-2019-0020","DOIUrl":"https://doi.org/10.1108/JPPEL-04-2019-0020","url":null,"abstract":"\u0000Purpose\u0000This paper aims to analyse the extent to which the government’s recent proposals to end no-fault evictions will result in “family-friendly” tenancies.\u0000\u0000\u0000Design/methodology/approach\u0000It applies the theoretical scholarship on the meaning of family and home to the current law relating to private rented tenancies and the government’s proposals to increase security of tenure in the private rented sector.\u0000\u0000\u0000Findings\u0000Security of tenure is important to a number of the key aspects of home. However, feelings of home are better protected by security of occupancy, which requires more than de jure security of tenure. For families to feel at home in the private rented sector, they must be permitted to personalise their home and to keep pets. Further legislative changes could achieve these changes. However, for families to really make a home in the private rented sector, they need to exercise some choice over where they live and for low-income families; this will only be possible with broader policy changes.\u0000\u0000\u0000Originality/value\u0000This paper contributes to the important scholarship on the meaning of home and applies this to the very current debate on the rights of tenants in the private rented sector.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"98 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81138240","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}

{"title":"Environmental area conservation through urban planning: case study in Dhaka","authors":"K. Nahrin","doi":"10.1108/jppel-11-2018-0033","DOIUrl":"https://doi.org/10.1108/jppel-11-2018-0033","url":null,"abstract":"\u0000Purpose\u0000There are some environmentally critical areas (ECAs) in cities such as flood flow areas, agricultural land, canals, rivers, water bodies, forests and hills that need to be conserved from land transformation. The purpose of this paper is to review the compliance, challenges and significance of urban planning, and to develop a contextual framework of urban planning for environmental area conservation to improve the urban environment in case study city Dhaka, the capital of Bangladesh.\u0000\u0000\u0000Design/methodology/approach\u0000This research is based on a qualitative thematic analysis of the available relevant literature.\u0000\u0000\u0000Findings\u0000This research identified non-compliance of the contemporary urban plans such as indiscriminate land conversion activities in the ECAs. Conflicting interests between the urban plans concerning protection of the conservation areas and business interests of the community people and the real estate development companies are identified as the major challenges. Dhaka faces several environmental problems such as loss of biodiversity and ecosystem, waterlogging, flooding, pollution, reduction of vegetation, groundwater depletion, temperature increase and a reduction in agriculture and fishing because of land conversion in the ECAs.\u0000\u0000\u0000Practical implications\u0000Urban planning with effective conservation area management, conflict resolution through communication and participation, creation of economic opportunity to generate income from the ECAs and assessment of the conservation strategies and interventions might ensure environmental conservation in Dhaka.\u0000\u0000\u0000Originality/value\u0000The conceptual framework of urban planning for environmental conservation is innovative as this could be a basis for other cities in Bangladesh and in other developing countries.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"102 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72915037","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}

{"title":"The order is rapidly fadin’","authors":"Mick Strack","doi":"10.1108/jppel-03-2019-0007","DOIUrl":"https://doi.org/10.1108/jppel-03-2019-0007","url":null,"abstract":"\u0000Purpose\u0000This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights implicit in our property law, which assumes stability and permanence, and the protection of public rights and environmental values expected of coastal land, which is increasingly vulnerable to climate change hazard. Issues of retreat from the coast, perhaps with compensation and incentives, will need to be dealt with.\u0000\u0000\u0000Design/methodology/approach\u0000New Zealand situations and examples are used to illustrate the conflicts between secure property rights and changing coastal land.\u0000\u0000\u0000Findings\u0000The effects of climate change on coastal land will be significant. This era of environmental degradation and climate change will require a significant re-ordering of property law. Changes in coastal land will require property owners to adapt their use and occupation of the coastal zone, if necessary by retreating. Similarly, local authorities will need to be proactive in planning for coastal land changes.\u0000\u0000\u0000Social implications\u0000Property will need to be re-imagined to support public and environmental goals for the coast.\u0000\u0000\u0000Originality/value\u0000This paper extends other discussions about how property law and the protection of property rights is a barrier to implementing climate change responses.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"75 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74177474","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}

{"title":"Privatising land in England","authors":"A. Layard","doi":"10.1108/JPPEL-03-2019-0009","DOIUrl":"https://doi.org/10.1108/JPPEL-03-2019-0009","url":null,"abstract":"\u0000Purpose\u0000This paper aims to analyse the extent to which privatising – or denationalising land – has legal and policy effects.\u0000\u0000\u0000Design/methodology/approach\u0000It applies the law in context scholarship to the question of land privatisation.\u0000\u0000\u0000Findings\u0000Of all the recent privatisations in England, the most valuable, and yet least recorded, is of land. According to one estimate, two million hectares or 10 per cent of the Britain landmass, left the public sector for private ownership between 1979 and 2018. Privatisations include land that is sold, leased or where a public body changes its status. This paper aims to explore these privatisations, considering them as denationalisations, concluding that the effects are most significant in housing where the differences between social and private renting in relation to rents, the security of tenure and housing quality are striking. Moreover, although other public law restraints on the state-owned property are often limited, they are also still significant, facilitating scrutiny, particularly in combination with the public sector equality duty or site-specific duties for libraries, allotments or playing fields. All the sites disposed of to private developers, landlords and companies have lost these protections.\u0000\u0000\u0000Originality/value\u0000This is the first time this question has been considered in this way from a legal perspective.\u0000","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"31 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2019-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77538449","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}