To the issue of the constitutional spirit of public property

Author(s):  
M. Borodach ◽  
Keyword(s):  
2021 ◽  
Vol 13 (4) ◽  
pp. 2037 ◽  
Author(s):  
Dirk Brounen ◽  
Gianluca Marcato ◽  
Hans Op ’t Veld

By analyzing the adoption of the European Public Real Estate Association’s (EPRA) Sustainability Best Practices Recommendations (sBPR), we examine and discuss the application of transparent environmental, social and governance (ESG) ratings and their interaction with public real estate performance across European markets. Due to increasing concerns about the environment and the impact of investment on society at large, public property companies have made significant progress in improving transparency and enhancing the protection of shareholder value by sharing and reporting ESG best practices. We explore and review the EPRA sBPR database, which is highly useful for investors who are already screening listed real estate companies. Hence, in this project, we carefully study the diffusion process of this new ESG metric as a tool to enhance informational transparency regarding public real estate investment management and assess the effects of this transparency and ESG performance for the real estate stock returns. We find evidence of a sustainability premium that investors are willing to pay to access companies with better sustainable ratings.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Benjamin W. Cramer

Purpose This paper aims to analyze the environmental and historic preservation precedents that have been adopted and acknowledged by telecommunications firms when expanding their physical infrastructures. Design/methodology/approach This paper will conduct a policy analysis of contradictory regulatory goals that are expected to arise during the near-future rollout of 5G in the USA. This will be done via traditional legal research combined with a critical policy focus. Particular attention will be given to the public interest remedies that have been established for companies that have used private or public property. Findings Due to the spatial requirements of 5G network infrastructure, telecommunications policy (in which network development is paramount) is expected to conflict with land use-oriented regulations (environmental and historic preservation) in places where new 5G infrastructure must be approved and built. Social implications Ultimately, the paper will argue that conflicts will arise in local areas where the 5G rollout is expected to impact environmentally pristine areas or historic buildings. Originality/value Research in the environmental effects of 5G technology in general is becoming common, but conflicts between network construction and particular environmental or historic preservation regulations has not been the topic of organized research thus far.


2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.


2019 ◽  
Vol 82 ◽  
pp. 436-443 ◽  
Author(s):  
Walter Hein ◽  
Clevo Wilson ◽  
Boon Lee ◽  
Darshana Rajapaksa ◽  
Hans de Moel ◽  
...  

Author(s):  
Muchtar Anshary Hamid Labetubun

Economic rights in Industrial Design have protection that is limited to a period of 10 years. After the expiration of protection, Industrial Designs that previously owned exclusive rights by the holders of rights to Industrial Design become public property; so that the Industrial Design has no obligation to ask permission to the rights’ holders for Industrial Design to use the Industrial Design. This is generally referred to as Public Domain, as stipulated in Article 2 paragraph (1) and (2) of Law Number 31 Year 2000 concerning Industrial Design, that "Design rights Industry is granted for a new Industrial Design, Industrial Design is considered new if on the date of Acceptance, the Industrial Design is not the same as pre-existing disclosures”. So basically, Industrial Design has a new principle. However, in reality, there are several cases of Industrial Design in resolving disputes over Industrial Design rights that have been registered, because the Industrial Design has become Public Domain, and there has been a cancellation of Industrial Designs including Cases: Industrial Design of Oil Bottles, Industrial Design of Lighters, Industrial Design of Packaging Boxes 4 (Four) Square, Industrial Design CBK 124 Cabinets, Garuda Motorcycles, Industrial Design Disk Places, Industrial Socks Design, Industrial Design Folding Iron Door Chains and Folding Iron Door Leaves, X2 Shoe Strip Industrial Designs, and Industrial Design TMS Roll Forming Machines Machine.


Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Tanya Woker

Building an investment portfolio is an important part of saving for retirement. This not only benefits the individual concerned but it also has benefits for the economy as a whole. Investment in property is regarded as an essential element of an investment portfolio and many investors have over the years invested in public-property syndications. Unfortunately such investments have proved to be very risky and there have been some spectacular failures with severe consequences especially for elderly, vulnerable consumers. There is a need to ensure that all investment opportunities are properly regulated and different aspects of property syndications are regulated by different regulators including the Reserve Bank, the Department of Trade and Industry, the newly established Consumer Commission and the Financial Services Board. There seems to be some confusion amongst regulators over which entity is ultimately responsible for ensuring that such investments are sound and reliable and that consumers can have faith that they are not investing in a scam. The fact that no one regulator is responsible for overseeing the full picture is problematic because it enables the unscrupulous to slip under the radar and avoid detection. This paperseeks to consider the question of which regulator is or should be responsible for regulating public-property syndications and to make some suggestions for reform going forward.


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