International Journal of Law in the Built Environment

Grecksch, Kevin; Holzhausen, Jessica

2017 International Journal of Law in the Built Environment

doi: 10.1108/IJLBE-09-2016-0014

PurposeThis paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and alternative solutions to govern natural resources. The purpose is to introduce narratives as an alternative approach to the discussion about the governance of natural resources.Design/methodology/approachGuided by the question of how we acquire property and what that tells us about our understanding of to whom natural resources belong to, the paper reviews the history of property rights by looking into property theories starting from Thomas Hobbes, John Locke, Adam Smith, Immanuel Kant and Pierre-Joseph Proudhon. It then takes a closer look at The Economics of Ecosystems and Biodiversity (TEEB) study and the Nagoya Protocol with regard to property rights. Second, the paper introduces the concept of narratives surrounding property rights in the past and present.FindingsProperty rights are a social concept dominant in the industrialised world. This has strong implications when looking at the way indigenous people look at natural resources. Mostly, property rights are unknown to them or alternative concepts exist. Yet, documents such as the Nagoya Protocol or the TEEB study presuppose an understanding of property rights originating in European property concepts. A narrative approach to property rights introduces new ideas and looks beyond legislation and policies at the stories people tell about property and natural resources, at property stereotypes and identities and what this might entail for future natural resource governance.Originality/valueThe paper fulfils a need to find alternative approaches to govern natural resources against the background of global environmental challenges.

Nasarre-Aznar, Sergio; Molina-Roig, Elga

2017 International Journal of Law in the Built Environment

doi: 10.1108/IJLBE-03-2017-0013

PurposeThis paper aims to explain the main difficulties in the Spanish residential rental market becoming a true alternative to home ownership.Design/methodology/approachCurrently, the Spanish rental market only meets temporary housing needs; it is very atomized and lacks professionalism. It does not provide an adequate legal framework to fulfil the parties’ aspirations (i.e. stability, affordability and flexibility for tenants; profitability, security and guarantees to landlords). The analysis of this proposition and the resulting proposal are based on six years of research, which started with the TENLAW European project.FindingsOvercoming these constrains is essential to double the rate of residential leases in Spain and get closer to the European average, thus achieving a true diversification of housing tenures and avoiding future housing bubbles.Practical implicationsThe paper makes a series of recommendations to legislators and policymakers to draft an adequate legal framework aimed at increasing the housing rental market share. This is based on the experience of mature tenancy markets in Europe, such as the German, Swiss and Austrian ones.Social implicationsThe new proposed legal framework will help to transform the tenancy model in Spain into a functional one, making it more stable, affordable and flexible, while increasing safety and profitability for landlords. The model is also applicable, on a more general level, to all Mediterranean European countries.Originality/valueRethinking the regulation of tenancies, in a context of housing crisis and unaffordability (still a reality in many European and worldwide countries) has valuable potential for making this type of tenure more popular and for avoiding future housing bubbles.

Balsas, Carlos J.L.

2017 International Journal of Law in the Built Environment

doi: 10.1108/IJLBE-03-2017-0012

PurposeThe purpose of this paper is to analyze walking activity and recent efforts at augmenting walkability conditions in the cities of Macau, Lisbon and Las Vegas.Design/methodology/approachThe methodology consisted mostly of in-loco observations, pedestrian counts and extensive reviews of the literature, city plans and regulations.FindingsThe findings include the need to properly design, maintain and retrofit pedestrian facilities, while reducing safety conflicts among street users as well as the establishment and the nurturing of a culture of walking.Research limitations/implicationsA fivefold international walkability research agenda with implications for other cities around the world is established: the value and the need for comparative studies and best practices; the need for urban design interventions; the cultivation of attractiveness and aesthetics; the implementation of safety, construction and maintenance criteria; and responsible funding programs.Practical implicationsThis paper has twofold implications for stakeholders with direct responsibilities in the design, planning, building and maintenance of streets and public spaces, and for those who simply use those places at their own discretion.Social implicationsA succinct set of recommendations include the need to augment endogeneity, the need to make cities for people and not for automobiles and commitment to resolving pedestrian safety concerns.Originality/valueThis paper discusses the factors affecting street vibrancy from both a stakeholder’s and a user’s perspective. The fundamental and inalienable right to walk is analyzed using the WPPFUS framework (walking levels, purposes, primacy of walking, facilities, unique features and safety concerns).

Meijer, Frits; Visscher, Henk

2017 International Journal of Law in the Built Environment

doi: 10.1108/IJLBE-02-2017-0003

PurposeThis paper aims to evaluate the quality control systems for constructions in seven countries in Europe with the purpose to trace innovative approaches and best practices that can serve as examples for other countries.Design/methodology/approachThe paper is based on a series of research projects carried out over a number of years. The research results were updated in 2016 with a desktop research project in seven European countries. The results from this latest project form the heart of this paper. The information is organised into tables that describe and analyse the main features of the quality control systems of the countries (e.g. scope, focus and main characteristics of the procedures and quality demands on building professionals).FindingsSeveral similar trends can be recognised in the quality control systems of the various European Union (EU) countries. Quality control is getting more and more privatised and the control framework is setting checks and balances throughout the construction process. Other findings are that scope and focus of the statutory control is unbalanced. Within the control processes emphasis is put on the safety aspects of complex constructions. Far fewer demands are made on the quality of the builders. Re-orientation of the building regulatory framework seems to be needed.Research limitations/implicationsThe paper only focusses on European countries where private quality control is established and on selected topics. The findings are based on desktop research and not on the practical experiences of the stakeholders involved in the countries studied.Practical implicationsThe paper draws some important recommendations for policymakers in the building regulatory field. It suggests both an enhancement of the effectiveness of the quality control procedure as well as the commitment of builders to comply with the regulations.Social implicationsThe quality of constructions is essential for the wellbeing and safety of its users, its occupants or its visitors. This applies to the whole range of quality aspects: structural- and fire safety, health, sustainability and usability aspects. The analyses and recommendations of this paper aim to contribute to an improvement of the overall construction quality.Originality/valueThe paper makes an original contribution to the (limited) literature that is available in this field. The results can be used to situate the quality control systems of each member state within the EU, to assess the main trends, and it can be used as a guide to develop strategic choices on possible improvements in each country.

Skaik, Samer

2017 International Journal of Law in the Built Environment

doi: 10.1108/IJLBE-03-2017-0009

PurposeStatutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions.Design/methodology/approach“Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore.FindingsThe study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly.Practical implicationsThe implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.Originality/valueThere is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.