International Journal of Built Environment and Sustainability最新文献

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Examining the Needs of Green Infrastructure (GI) Facilities in Strata Low-cost Flats, Selangor 检视雪兰莪低成本公寓的绿色基础设施(GI)设施需求
IF 0.8
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1019
N. Harun, Mazlina Mansor, Najiha Jaffar
{"title":"Examining the Needs of Green Infrastructure (GI) Facilities in Strata Low-cost Flats, Selangor","authors":"N. Harun, Mazlina Mansor, Najiha Jaffar","doi":"10.11113/ijbes.v9.n2-2.1019","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1019","url":null,"abstract":"Rapid urbanization has transformed the pattern of urban land use to focus more on housing development. Unfortunately, the focus is less on improving the optimal use of community and green infrastructure (GI) facilities for communities in low-cost housing. Studies have shown that the lack of proper facilities and GI have impacted the individual, physical, psychological, and social health of a community. The outdoor facilities of low-cost housing developments are claimed to be very limited. Hence, the planning standards and guidelines for housing should go beyond their basic provisions, to offer a more conducive environment that improves the health and wellbeing of the community, especially in the event of a pandemic. Hence, the paper presents the preference of GI facilities in three low-cost strata housing flats in Selangor (Lembah Jaya, Kajang Utama, and PKNS PJS2 low-cost flats). The data collection consists of (a) spatial analysis using drone images that were converted into AutoCAD spatial maps; (b) interviews with the Joint Management Bodies; and (c) a questionnaire survey of residents (Lembah Jaya–n=116; Kajang Utama Flats–n=50; PKNS PJS2–n=85). The results reveal the limitations of the existing developments, challenges, and needs of the community. Considering the current COVID-19 pandemic, the outdoor spaces in the housing areas are indispensable for residents to relax their minds and do various allowable outdoor activities. This paper emphasizes that the provision of a new model for community and GI facilities in low-cost apartments is a must. A comfortable living environment in the area will support the ecological and social system of a community, thus promoting a good society. It urges the government, developers, and local governments to change the development approach for this type of housing to one that emphasizes a healthier, higher-quality, and more sustainable environment for the local community","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48926987","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1023
S. A. Mohamed, N. Harun, N. Ja’afar, N. I. Othmani
{"title":"Urban Morphological Analysis Framework for Sustainable Malay Town Transition in Response to COVID 19","authors":"S. A. Mohamed, N. Harun, N. Ja’afar, N. I. Othmani","doi":"10.11113/ijbes.v9.n2-2.1023","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1023","url":null,"abstract":"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","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45859259","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1020
W. Kurniawati, R. Kurniati, S. Soetomo, R. Rahmat
{"title":"Pandemic Responsive Spaces for Local Economic Activities in the Old Town of Semarang","authors":"W. Kurniawati, R. Kurniati, S. Soetomo, R. Rahmat","doi":"10.11113/ijbes.v9.n2-2.1020","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1020","url":null,"abstract":"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","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44746079","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1030
T. H. Jasimin, Muhammad Faris Nordin
{"title":"An Exploratory Survey on the Adoption of Blockchain Technology in Streamlining Malaysia Real Estate During Covid-19 Pandemic","authors":"T. H. Jasimin, Muhammad Faris Nordin","doi":"10.11113/ijbes.v9.n2-2.1030","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1030","url":null,"abstract":"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)","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48868003","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1018
R. Widjajanti, N. S. Ristianti, H. H. Ardiati, Kanindya Nooringsih
{"title":"Spatial Adaptive Arrangement of Street Vendors to the Covid-19 Pandemic in Simpang Lima, Semarang, Indonesia","authors":"R. Widjajanti, N. S. Ristianti, H. H. Ardiati, Kanindya Nooringsih","doi":"10.11113/ijbes.v9.n2-2.1018","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1018","url":null,"abstract":"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.","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44696008","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
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
International Journal of Built Environment and Sustainability 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
{"title":"Achieving an Active Lifestyle within a Walkable Environment: Assessment of Before and During the COVID-19 Pandemic","authors":"Siti Fatimah Ilani Bilyamin, W. N. M. Wan Mohd Rani, Mohammad Hussaini Wahab","doi":"10.11113/ijbes.v9.n2-3.1040","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-3.1040","url":null,"abstract":"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.","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43247664","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-3.1038
Seetha Visalakshi Kumaraguruparan, Arulmalar Ramaraj, S. Venkatavaradan
{"title":"A Review on Office Space Management Post Pandemic COVID-19","authors":"Seetha Visalakshi Kumaraguruparan, Arulmalar Ramaraj, S. Venkatavaradan","doi":"10.11113/ijbes.v9.n2-3.1038","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-3.1038","url":null,"abstract":"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.","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43073118","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
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
International Journal of Built Environment and Sustainability Pub Date : 2022-07-14 DOI: 10.11113/ijbes.v9.n2-2.1022
Suhaila Abdul Rashid, M. H. Wahab, Wan Nurul Mardiah Wan Rani
{"title":"Women’s Perception of Safety in the City Street of Kuala Lumpur: The Covid-19 Impact","authors":"Suhaila Abdul Rashid, M. H. Wahab, Wan Nurul Mardiah Wan Rani","doi":"10.11113/ijbes.v9.n2-2.1022","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-2.1022","url":null,"abstract":"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","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46669697","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
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
International Journal of Built Environment and Sustainability 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
{"title":"COVID 19: Are Our Green Areas Enough for People’s Well-being","authors":"Wan Azlina Wan Ismail, Muhamad Solehin Fitry Rosley, Wan Yusryzal Wan Ibrahim, Syumi Rafida Abdul Rahman","doi":"10.11113/ijbes.v9.n2-3.1031","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2-3.1031","url":null,"abstract":"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","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48460205","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
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
International Journal of Built Environment and Sustainability 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
{"title":"Tragedy of the Anticommons (ToA) in Agricultural Land Partition involving Fragmented Co-proprietorships: An Analysis of Malaysian Case Laws","authors":"Gabriel Ling Hoh Teck, Nur Amiera Suhud, Gabrielina Fui Tze Chai, P. C. Leng, L. B. Yeo, L. W. Chau, C. Ho","doi":"10.11113/ijbes.v9.n2.921","DOIUrl":"https://doi.org/10.11113/ijbes.v9.n2.921","url":null,"abstract":"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","PeriodicalId":43031,"journal":{"name":"International Journal of Built Environment and Sustainability","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46404180","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
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