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Regulating Coastal Zones addresses the knowledge gap concerning the legal and regulatory challenges of managing land in coastal zones across a broad range of political and socio-economic contexts. In recent years, coastal zone management has gained increasing attention from environmentalists, land use planners, and decision-makers across a broad spectrum of fields. Development pressures along coasts such as high-end tourism projects, luxury housing, ports, energy generation, military outposts, heavy industry, and large-scale enterprise compete with landscape preservation and threaten local history and culture. Leading experts present fifteen case studies among advanced-economy countries, sel...
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
Critics of urban and regional planning argue that it is best suited to manage incremental change. Can a planner's skills and expertise be effective in handling a major crisis and large-scale change? The mass immigration from the former Soviet Union to Israel in the 1990s offers the opportunity to study one of the largest-scale (non-disaster) crisis situations in a democratic, advanced-economy country. This book recounts the fascinating saga of how policymakers and planners at both the national and local levels responded to the formidable demand for housing and massive urban growth. Planners forged new housing and land-use policies, and applied a streamlined (but controversial) planning law. The outputs were impressive. The outcomes and impacts changed the landscape and human-scape of Israel, heightening dilemmas of land use and urban policy in this high-density country.
Comparative Approaches to Informal Housing Around the Globe brings together historians, anthropologists, political scientists, sociologists, urban planners and political activists to break new ground in the globalisation of knowledge about informal housing. Providing both methodological reflections and practical examples, they compare informal settlements, unauthorised occupation of flats, illegal housing construction and political squatting in different regions of the world. Subjects covered include squatter settlements in Kyrgyzstan and Kazakhstan, squatting activism in Brazil and Spain, right-wing squatting in Germany, planning laws and informality across countries in the Global North, and squatting in post-Second World War UK and Australia.
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of pr...
As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Isra...
The Palestinian refugee issue remains a central component of the Arab-Israeli conflict. This book explores the demographic and developmental challenges which the return of refugees to a future Palestinian state would generate.
This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
'Trading zone' is a concept introduced by Peter Galison in his social scientific research on how scientists representing different sub-cultures and paradigms have been able to coordinate their interaction locally. In this book, Italian and Finnish planning researchers extend the use of the concept to different contexts of urban planning and management, where there is a need for new ideas and tools in managing the interaction of different stakeholders. The trading zone concept is approached as a tool in organizing local platforms and support systems for planning participation, knowledge production, decision making and local conflict management. In relation to the former theses of communicative planning theory that stress the ideals of consensus, mutual understanding and universal reason, the 'trading zone approach', outlined in this book, offers a different perspective. It focuses on the potentiality to coordinate locally the interaction of different stakeholders without requiring the deeper sharing of understandings, values and motives between them. Galison’s commentary comes in the form of the book’s final chapter.
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.