scholarly journals Sold out? The right-to-buy, gentrification and working-class displacements in London

2020 ◽  
Vol 68 (6) ◽  
pp. 1354-1369
Author(s):  
Adam Elliott Cooper ◽  
Phil Hubbard ◽  
Loretta Lees

Since the 1990s, the renewal of council housing estates in London has involved widespread ‘decanting’ of resident populations to allow for demolition and redevelopment, primarily by private developers who sell the majority of new housing at market rate. This process of decanting has displaced long-term council tenants and shorter-term ‘temporary’ tenants, with many not able to return to the estate. In contrast, those leaseholders who bought under the ‘right-to-buy’ legislation introduced in the 1980s have a ‘right to remain’ by virtue of the property rights they have. Nonetheless, given the threat that their property will ultimately be subject to compulsory purchase because the redevelopment of the estate is in the ‘public interest’, these leaseholders experience similar displacement pressures to other residents. Describing these pressures, this article argues that the right-to-buy legislation offered these residents the illusion of entering a property-owning middle-class, but that they were never able to escape the labelling of council estates as stigmatised spaces which have ultimately been seized by the state and capital in a moment of ‘accumulation by dispossession’.

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Dirk Voorhoof

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.


1986 ◽  
Vol 15 (3) ◽  
pp. 273-292 ◽  
Author(s):  
N.J. Williams ◽  
J. Sewel ◽  
F. Twine

ABSTRACTIt has been argued that council house sales will contribute towards a more general process of residualization of public sector housing. Empirical evidence is presented in this context derived from surveys of purchasers and non-purchasers of council dwellings in the city of Aberdeen. This evidence confirms that purchasers and non-purchasers exhibit different socio-economic characteristics and after only four years of the Right to Buy legislation significant numbers of households in social classes I, II and III have left the public sector via the mechanism of sales. The small number of sales relative to the stock as a whole, however, has meant that the overall contribution of sales towards residualization has been small. This evidence from Aberdeen is compared to evidence from elsewhere and related to the varying pattern of sales across the country as a whole.


2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.


2021 ◽  
Vol 5 (2) ◽  
pp. 183-194
Author(s):  
Aida Lasmi ◽  
Nuri Aslami

Today's Indonesian people have a high desire to protect themselves with iberinsurance and even invest while being insured. Insurance has slowly become a necessity for the community as a form of protection and investment in the medium and long term. For investment insurers, a person does not need to manage the purchased policy, it is enough to pay the initial investment premium and then everything is managed by the police issuer, so that it is convenient for the public to use it according to their needs and provisions. The purpose of this research is to find out the implementation of the marketing strategy for investment insurance products at PT AXAi Mandiri Financiali Services (Axa Mandiri) in attracting customers through analyzing the strengths, weaknesses, opportunities and threats faced and simulating premiums on investment insurance products, explaining the qualitative analysis used by the company in depth analysis. The results obtained are that the company iAxa Mandirii increases customer trust by sharpening aspects of its marketing strategy, which begins with identifying the aspects that underlie the preparation of insurance which focuses on investment, determining the brand to be more recognizable by the wider community, a strong personal team, good service, the right choice of products and quality, the right premium, Attractive product packagingii and continuous promotion are the overall strengths applied by Axa Mandiri.  Keywords: strategy, marketing, insurance, investment


2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen


Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.


10.29173/alr5 ◽  
2015 ◽  
Vol 52 (2) ◽  
pp. 365
Author(s):  
Jody Saunders ◽  
Jessica Lim

As a result of the enactment of the Jobs, Growth and Long-term Prosperity Act, the National Energy Board was required to change its processes relating to standing and level of participation. The Board developed and implemented a Participation Framework to provide clear and consistent guidance to the public on how the Board implemented the changes in the amending legislation. This article delineates the evolution of the Board’s approach to participation and discusses how the Board has responded to larger and increasingly complex projects as it carries out its mandate in the Canadian public interest.


Author(s):  
A.P. Ushakova ◽  

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.


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