Urban Planning in the Area of Alba Iulia Fortress in the Years 1965-1988: Completed Projects and Abandoned Proposals

2020 ◽  
Vol 24 (1) ◽  
pp. 175-203
Author(s):  
Ioana Rus-Cacovean
Keyword(s):  
Urban Planning ◽  
Protected Area ◽  
Urban Redevelopment ◽  
Communist Regime ◽  
Legal Documents ◽  
Legal Provisions ◽  
Legal Situation ◽  
Historical Monuments ◽  
Military Unit

In the first decade after the establishment of the Communist regime in Romania, the fortress of Alba Iulia was in a lamentable state of conservation, as revealed by the correspondence of the Directorate of Historical Monuments (DHM) and the National Institute of Heritage (NHI) photo library. The fortress was used by a military unit, the Wine-Alcohol Enterprise, GOSTAT, together with the regional museum and the two bishoprics, Catholic and Orthodox, but none of them possessed any legal documents in this regard. As the only ones concerned about the ensemble, the museum’s representatives sent numerous notifications to the DHM, who eventually initiated a long process that sought to clarify first and foremost the legal situation of the fortress, before assuming the research and restoration of its gates. The festivities that took place in 1968 on the occasion of the Great Union’s semicentenary gave the preservationists an opportunity to take important steps towards establishing the fortress as a protected area and suggesting new deployments of its improperly used monuments, in the framework of the 1967 Urban Planning Sketch. Unfortunately, the DHM’s lack of authority in questions of urban redevelopment, along with the growing involvement of the local bodies, who only complied with the Party’s recommendations, led to constant disrespect towards the legal provisions and the further destruction of the fortress.

scholarly journals WATANIC JURISPRUDENCE: ARTICULATING THE LEGITIMATE ELEMENTS OF THE BASIC STRUCTURE OF THE FEDERAL CONSTITUTION

2021 ◽  
Vol 29 (1) ◽  
pp. 1-28
Author(s):  
Wan Ahmad Fauzi Wan Husain
Keyword(s):  
Rule Of Law ◽  
Basic Structure ◽  
Federal Court ◽  
Local History ◽  
The Rule Of Law ◽  
Legal Documents ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Local Courts ◽  
Indian Supreme Court

The doctrine of the basic structure of a constitution would be undisputable if those elements thereunder are clear and representing the facts of our local history, nationhood, and the principle of the rule of law. Former Chief Justice Tun Abdul Hamid Mohamad argued that the doctrine of the basic structure of a constitution introduced by the Indian Supreme Court contradicts Article 159 of the Federal Constitution and beyond the competent jurisdiction of the local courts. Hence, this article puts forward the conceptual framework of the basic structure adopted by the Federal Court in the case of Indira Gandhi to articulate those elements summed therein viewed from the watanic jurisprudence. The watanic jurisprudence analyses legal documents and sources of sovereignty based upon two philosophical worldviews; continuum and dichotomous frameworks relying upon the local legal history context and the present legal provisions of a country. Depending on a broad and purposive manner in proper linguistic, philosophic, and historical contexts of the Malaysian legal historical documents, the legitimate elements of the basic structure are the principle of sovereignty as embedded in the oath of office of the Yang di-Pertuan Agong together with the matters aggregated in Article 38(4), Article 159(5) and Article 161E. The oath of the Yang di-Pertuan Agong thus legitimizes Syariah compliance as the rule of law. The Federal Constitution of Malaysia also expressly protects its basic structure with strict conditional amendments. In conclusion, the basic structure of our Federal Constitution must be viewed from our local circumstances in compliance with the principle of constitutional supremacy and the rule of law.

scholarly journals MATRIMONIAL REGIMES IN THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Iosif Florin Moldovan
Keyword(s):  
Civil Code ◽  
The Other ◽  
Legal Documents ◽  
Legal Provisions ◽  
Marital Agreement

The matrimonial regime represents the entirety of the legal provisions concerning theproperty relations between spouses during marriage, as well as the legal documents theyconclude with other people, governing a (measurable) patrimonial asset.In addition to the legal community regime, with the adoption of the new RomanianCivil Code two new matrimonial regimes were introduced, namely the regime of propertyseparation and the regime of the conventional community.Where the two spouses opt for one of the other two regimes, instead of the legalcommunity regime, it is necessary that they should sign a marital agreement.

scholarly journals Ujawnienie aktualnego sposobu reprezentacji spółki z ograniczoną odpowiedzialnością a odpowiedzialność za naruszenie zobowiązania

2018 ◽  
Vol 25 ◽  
pp. 41-55
Author(s):  
Tomasz Pilikowski
Keyword(s):  
Legal Status ◽  
National Court ◽  
Limited Liability ◽  
Current Method ◽  
Legal Person ◽  
Limited Liability Company ◽  
Legal Provisions ◽  
Legal Situation ◽  
Satisfactory Manner

Disclosure of the current method of representation of a limited liability company and liability for breach of the undertakingThe existence and participation of legal persons in the market makes it necessary to verify the persons representing them to perform actions on their behalf. Information about artificial persons — including the rules of representation and persons entitled to represent them — is available due to their disclosure in the National Court Register. However, it may happen that for whatever reason the register’s information may not correspond to the actual legal status. The provisions of the National Court Register Act provide for the possibility of such a situation, but the normative regulation does not settle all controversies in a satisfactory manner. The article tries to answer the question how the legal person can demonstrate the rightfulness of its representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. In the current legal situation, the problem is opened whether and how the legal person can demonstrate the correctness of the representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. The consequence of this problem is the issue of the assessment of liability for improper performance of the undertaking, if as a result of the said discrepancy, the obligation will be breached e.g. as a result of the failure to conclude a preliminary contract within the prescribed period.The author tries to solve these problems and settle the controversies arising, referring to the views of his own thoughts and views of doctrine and jurisprudence. The position presented in the article is the result of an analysis of the applicable legal provisions, especially the National Court Register Act, and the jurisprudence and doctrine resulting from it.

scholarly journals Contested law: Slow Response to Demands for Reformulating Protected Area Legal Framework in Nepal

2013 ◽  
Vol 10 (1) ◽  
pp. 88-100 ◽  
Author(s):  
Naya S Paudel ◽  
Sudeep Jana ◽  
Jailab K Rai
Keyword(s):  
Law Enforcement ◽  
Protected Area ◽  
Legal Framework ◽  
Management Plan ◽  
International Agreements ◽  
Power Sharing ◽  
Benefit Sharing ◽  
Post Conflict ◽  
Legal Provisions ◽  
Contextual Reality

The paper identifies and highlights gaps in protected area (PA) legal provisions in Nepal and makes a case for timely reformulation of legal framework to suit the new socioeconomic and political contexts. Laws concerning PAs are examined against the contexts of international agreements, conventions, and accepted standards as well as the local ground realities. The legal framework is critically analysed using seven analytical variables: the process of PA declaration, governance types, power sharing, management plan, tenure rights, benefit sharing, and compliance and law enforcement. Literature review, content analysis, interviews and participant observations were adopted in securing data. It is observed that the current legal framework either does not reflect the current contextual reality or stand only in paper or are not properly implemented as per the spirit of the law. It is argued that regulatory framework should reflect both the contemporary conservation discourses and should respond to the popular demands emerged in the post-conflict political context in Nepal. DOI: http://dx.doi.org/10.3126/jfl.v10i1.8603   Journal of Forestry and Livelihood Vol.10(1) 2012 88-100

scholarly journals The Neues Kreuzberger Zentrum: Urban Planners, Property Developers and Fractious Left Politics in West Berlin, 1963–1974*

2019 ◽  
Vol 38 (1) ◽  
pp. 113-132
Author(s):  
Tim Verlaan
Keyword(s):  
Urban Planning ◽  
Local Level ◽  
Urban Redevelopment ◽  
Analytical Framework ◽  
Public And Private ◽  
The Public ◽  
West Berlin ◽  
Private Entrepreneurs ◽  
Housing Complex ◽  
Mainstream Press

Abstract During the early 1960s, elected officials and urban planners designated large swathes of West Berlin as redevelopment areas, most notably the district of Kreuzberg SO36. With the help of private developers, an underexamined group of stakeholders in urban planning, local residents were to be rehoused in spacious apartment blocks equipped with modern facilities. The construction history of the Neues Kreuzberger Zentrum housing complex is a classic yet understudied example of how public and private actors attempted to work together in the field of postwar urban planning. Soon after the plan was publicly announced, the public consensus on urban redevelopment altered. Criticism came from young professionals in the field of architecture and planning as well as neighbourhood action groups, who were eventually followed by public officials. This article investigates how and why the mood changed inside and outside the field of West German architecture and urban planning. Current historiography tends to neglect the role of private entrepreneurs in urban redevelopment efforts. By examining the politics leading up to the construction of the Neues Kreuzberger Zentrum, this article sheds a fresh light on the modus operandi of the West German welfare state on the local level and how it responded to bottom-up demands for democratization and transparency. The interaction between local authorities, commercial interests and the public is innovatively brought together into a single analytical framework by consulting a wide array of primary sources, most prominently articles by West Berlin’s alternative and mainstream press, architecture and planning journals and minutes from official meetings.

scholarly journals Integration of Instruments for the Protection of Natural Protected Areas in Urban and Biodiversity Strategies and in Urban Planning Regulations

2022 ◽  
Author(s):  
Cerasella Crăciun ◽  
◽  
Atena Ioana Gârjoabă ◽  
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Protected Areas ◽  
Urban Ecology ◽  
Protected Area ◽  
Point Of View ◽  
Urban Fabric ◽  
Natural Protected Areas ◽  
Spatial Point ◽  
Urban Settlements

Approximately 75% of the urban settlements in Romania are superimposed or are tangent to at least one natural protected area, these not being integrated from the point of view of their regulation in the urban strategies and in the urban planning regulations. From a spatial point of view, this type of relationship often represents a contrast between the urban fabric and the quasi-natural fabric. However, in the regulatory or strategy instruments for the development of urban settlements, where such contrasts exist, they are only integrated at the border level. The ecotone is, in most cases, the only element mentioned in urban planning instruments and is approached as a land that can only function in isolation and that in no way can support urban development. This reluctance and fear of approaching natural protected areas, also negatively influences the conception of the community, investors and the administration. Urban actors are not informed and therefore not motivated, but neither do they have the opportunity to get involved in the conservation and protection process. The purpose of this article is to research urban and biodiversity strategies at E.U level, to identify gaps in the formulation of urban planning tools, what are the reasons behind generating these gaps and how they can be eliminated, or at least mitigated. The analysis will focus on some models of urban strategies which address natural protected areas, but will also consider related elements, directly related to their conservation, urban ecology and the involvement in the process of urban actors.

scholarly journals From Third World to First World: Law and Policy in Singapore’s Urban Transformation & Integration

2020 ◽  
Vol 2 (1) ◽  
pp. 96-114
Author(s):  
Eugene Kb Tan
Keyword(s):  
Urban Planning ◽  
Urban Renewal ◽  
Urban Landscape ◽  
Water Quality Management ◽  
Urban Redevelopment ◽  
Urban Transformation ◽  
Urban Change ◽  
Spatial Integration ◽  
The Government

AbstractThe physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator but also a mantra for the fledgling nation-state desirous of change as a mark of progress. This essay examines the multi-faceted role of law in undergirding urban planning, policy, and development in Singapore. Rather than just providing a focus on specific laws that enables the government to shape the processes of urban redevelopment, the essay argues that these laws have to be understood within the context of “urban redevelopment pragmatism” in which pragmatism is as much a planning ideology as it is a driver of urban change and renewal. Furthermore, this planning pragmatism, very much mission-oriented towards national goals, has become a potent source of political and performance legitimacy for the ruling People’s Action Party. The legal regime that provided the wherewithal for urban renewal, economic activity, water quality management, and spatial integration of a polyglot society is now being reconfigured for the urgent aspiration of becoming a global city and a smart nation. The essay also considers the limitations to this planning and redevelopment pragmatism, and how the rapid urban change has somewhat enervated the urban heritage and contributed to a weakening of the collective memory of change amid continuity.

scholarly journals Servus publicus and servus privatus in Ancient Rome: Legal Status and Social Status

2021 ◽  
Vol 30 (1) ◽  
pp. 251
Author(s):  
Bronisław Sitek
Keyword(s):  
Social Status ◽  
Legal Status ◽  
Ancient Rome ◽  
Special Group ◽  
Legal Provisions ◽  
Legal Situation ◽  
The Subject

<p class="Tre">Public slaves were a special group of slaves. As a rule, their legal situation was analogous to private slaves. Hence, there are relatively few preserved sources of law regarding this slave group. There are relatively few Romanist studies regarding the legal situation of public slaves. A larger number of these studies appeared only in the second half of the 20<sup>th</sup> century. The subject of this study is to compare the legal and social status of both groups of slaves. The purpose is to show a different application of legal provisions depending on their suitability for public matters and the education of public slaves.</p>

scholarly journals Child's Right of Education in Islam and Afghan Laws

2021 ◽  
pp. 1-8
Author(s):  
Abdul Qader Nael
Keyword(s):  
Human Life ◽  
Human Beings ◽  
Right To Education ◽  
Legal Documents ◽  
Important Stage ◽  
Legal Provisions ◽  
The World ◽  
The Government ◽  
The Right ◽  
Effective Education

Childhood is an important stage of human life that has been valued in different forms by different societies and nations of the world. According to Muslim jurists, this stage of life begins from birth and continues until puberty. Afghan modern laws and many related international legal documents consider the age of 18 to be the end of childhood. Human beings at this important stage of life, called "children", have a lot of rights because of their weakness, inability to live independently, and because they need to be assisted to pass this important stage of life well and become effective persons in the society. One of the most important rights of a child is having access to a sound and effective education. Caring for this right of children is the responsibility of their parents, relatives, and the government, respectively. In view of this, Islamic Sharia and modern laws, both national and international, recognize the right to education as one of the most important rights of a child, and have enacted many legal provisions in this field and obliged the parties involved to implement them.

scholarly journals Blockchain technology and cryptocurrencies - legal and tax aspects

2019 ◽  
Vol 23 (1) ◽  
pp. 23-26
Author(s):  
Tomasz Słapczyński
Keyword(s):  
Capital Accumulation ◽  
New Technologies ◽  
Basic Principles ◽  
Main Research ◽  
Legal Documents ◽  
Blockchain Technology ◽  
Legal Provisions ◽  
Historical Outline ◽  
Speed Up

The main objective of the paper is to provide an answer to the question whether new technologies such as blockchain that enter various spheres of public life are safe for users and what impact they have on national legislations. Cryptocurrencies, which are based on blockchain technology, can be used as a means of payment, investment or capital accumulation. Therefore, blockchain becomes more and more popular. The main research method used in the paper consists of the analysis of legislation and jurisprudence as well as linguistic and purposive interpretation which affects the functioning of blockchain and cryptocurrencies. The introductory part of the paper contains a general historical outline and basic principles related to blockchain technology. Real and potential threats posed by the discussed technology are also discussed in the paper as well as the question whether governments or, more broadly, the international community, offer sufficient level of protection against risks related to the use of new technologies such as blockchain and cryptocurrencies. Using blockchain to streamline logistic activities or to speed up transactions is useful in itself, but in the hands of private entities the technology may pose a risk of losing funds if not properly secured. The financial market is and should be supervised and controlled by the state which is the guarantor of economic freedom. Another vital question is whether legislators keep up with the advances in technology. It seems that the development of blockchain technology triggers development of new legal regulations. The more blockchain technology enters everyday life, the more legal documents appear in the form of case law, legal provisions, opinions etc. The role of these documents is to regulate, define and specify new technologies as they appear.

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