The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

scholarly journals Zasada ważenia interesów w planowaniu i zagospodarowaniu przestrzennym a zasada proporcjonalności. Glosa do wyroku Naczelnego Sądu Administracyjnego w Warszawie z dnia 11 stycznia 2017 r., II OSK 932/15 – aprobująca

2017 ◽  
Vol 15 (4) ◽  
pp. 119-127
Author(s):  
Marta Woźniak
Keyword(s):  
Public Interest ◽  
Spatial Planning ◽  
Spatial Development ◽  
Third Parties ◽  
Development Plan ◽  
The Public ◽  
Constitutional Principle ◽  
The Future ◽  
Explanatory Memorandum ◽  
Principle Of Proportionality

Presented glossary to the judgment of the Supreme Administrative Court in Warsaw of 11 January 2017 (II OSK 932/15) is approved and polemic. The position of the Supreme Administrative Court has been divided that the municipal authorities may, in the local spatial development plan they formulate, restrict the rights of the owners in order to fully realize other values which they consider more important. When discussing polemics with the views expressed in the explanatory memorandum, three factors have been identified in this statement, which have determined the outcome of the findings of the local spatial development plan, the requirements of the public interest, and the future rights of third parties. As a consequence, it was recognized that the statutory principle of weighing interests – by referring to the constitutional principle of proportionality – was consistent with the system of application of the law of planning and spatial planning and shaping the correct relationship between the public interest and individual interests.

Antitrust as Public Interest Law: Redistribution, Equity, and Social Justice

2020 ◽  
Vol 65 (1) ◽  
pp. 87-101
Author(s):  
Dina I. Waked
Keyword(s):  
Public Interest ◽  
Competition Policy ◽  
Private Property ◽  
Allocative Efficiency ◽  
Consumer Welfare ◽  
The Public ◽  
Public Interest Law ◽  
Antitrust Laws ◽  
History Of ◽  
Do So

This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the history of antitrust. This history is presented through the lens of the public interest that emerges into the balance between private property and competition policy. Tracing the public interest at different historical moments, we get to see how it has been broad enough to encompass social welfare concerns. Over time, the public interest concern of antitrust was narrowed to exclusively cover consumer welfare and its allocative efficiency. Once we frame antitrust as public interest law, in its broadest sense, we are empowered to use it to address inequality. A proposal to do so is exposed in this article.

scholarly journals Noyau krakowskiej twierdzy w drugiej połowie XIX wieku

2021 ◽  
Author(s):  
Piotr Opaliński
Keyword(s):  
Urban Planning ◽  
Field Studies ◽  
Spatial Development ◽  
Internal Line ◽  
Habsburg Monarchy ◽  
History Of ◽  
The City

In 1857 the Austrian military authorities started building an internal line of defence in the Krakow fortress, known as Noyau. Krakow, as an extremely important strategic point on the map of the Habsburg monarchy, required urgent fortification. The works were preceded by field studies and considerations of several variants of the planned fortifications. In progress, obstacles appeared which caused completion of the investment only after 9 years. The construction of Noyau, permanently saved in the history of the city, affected its urban planning and spatial development. Despite the demolition of most of the fortifications, we can still see a trace of their presence in the form of a system of communication routes, surrounding today’s downtown of Krakow.

scholarly journals OBRAZ DZIEDZICTWA TONYʼEGO GARNIERA W MIEJSKICH MURALACH

1970 ◽  
pp. 117-126
Author(s):  
KAMIL LIPIŃSKI
Keyword(s):  
Urban Planning ◽  
Working Class ◽  
Historical Development ◽  
Private Property ◽  
Urban Housing ◽  
History Of ◽  
New Form

The article addresses artes memoriae perceived as documentary traces of a spatial project which has slipped to oblivion, namely Une Cité Industrielle by Tony Garnier from 1917, redefined by Cité de Création in the context of urban housing. The movement, revolving around modern philosophies of urban planning and launched at the turn of the 19th and 20th centuries assumed elimination of private property, equality of the working class and division into zones. It also restored the concept of the relations between nature, history of the inhabitants,industrial and historical development of Viollet-Le-Duc functionality and locality. A contemporary cluster of murals creates a mosaic of historical memorial spaces and contributes to Lyon’s development in a new form.

Protecting concessionary rights: General principles and the making of international investment law

2021 ◽  
pp. 1-15
Author(s):  
Andrea Leiter
Keyword(s):  
Twentieth Century ◽  
Private Property ◽  
Building Blocks ◽  
International Investment ◽  
Legal Order ◽  
International Investment Law ◽  
International Legal Order ◽  
History Of ◽  
Independent States ◽  
Investment Law

Abstract This article engages with the history of international investment law in the first half of the twentieth century. It traces how international lawyers inscribed their vision of an international legal order protecting private property of Western companies against attempts at nationalization in the wake of socialist revolutions and the decolonization of large parts of the world. The article focuses on the role of ‘general principles of law as recognized by civilized nations’ as building blocks for an international legal order today called international investment law. Rather than describing a direct line between contemporary standards of protection and the invocation of general principles, the article develops conditions of possibility for the emergent field of international investment law. These conditions are located both in arbitral practice, as well as in international legal scholarship of the early twentieth century. Based on the analysis of such arbitrations over disputes resulting from concession agreements and scholarly writings in the interwar period, the contribution draws out the modes of authorization upon which the legal claims advanced by international lawyers rested. At the heart of the vision were ideas of ‘modernity’, ‘civilization’, ‘equity’, and ‘justice’ that enabled a hierarchization of difference, locating Western claims to legality above rivalling claims of socialist and ‘newly independent’ states. These ideas ultimately constituted the paradox of a ‘modern law of nature’ that claimed timeless universality while authorizing the ordering of foreign property in line with Western conceptions of modernity.

WHO IS THE INVADER? ALIEN SPECIES, PROPERTY RIGHTS, AND THE POLICE POWER

2009 ◽  
Vol 26 (2) ◽  
pp. 26-52 ◽  
Author(s):  
Mark Sagoff
Keyword(s):  
Public Interest ◽  
Native Species ◽  
Private Property ◽  
Environmental Law ◽  
Public Authority ◽  
Purple Loosestrife ◽  
Citrus Industry ◽  
State Laws ◽  
Apple Industry ◽  
History Of

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish that a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends.

Global Development

2019 ◽  
Author(s):  
Sara Lorenzini
Keyword(s):  
Cold War ◽  
International Organizations ◽  
Development Aid ◽  
Global Perspective ◽  
Modern World ◽  
Development Projects ◽  
Berlin Wall ◽  
History Of Development ◽  
History Of ◽  
The Cold War

In the Cold War, “development” was a catchphrase that came to signify progress, modernity, and economic growth. Development aid was closely aligned with the security concerns of the great powers, for whom infrastructure and development projects were ideological tools for conquering hearts and minds around the globe, from Europe and Africa to Asia and Latin America. This book provides a global history of development, drawing on a wealth of archival evidence to offer a panoramic and multifaceted portrait of a Cold War phenomenon that transformed the modern world. Taking readers from the aftermath of the Second World War to the tearing down of the Berlin Wall, the book shows how development projects altered local realities, transnational interactions, and even ideas about development itself. The book shines new light on the international organizations behind these projects—examining their strategies and priorities and assessing the actual results on the ground—and it also gives voice to the recipients of development aid. It shows how the Cold War shaped the global ambitions of development on both sides of the Iron Curtain, and how international organizations promoted an unrealistically harmonious vision of development that did not reflect local and international differences. The book presents a global perspective on Cold War development, demonstrating how its impacts are still being felt today.

Assessment criteria for aggregate social welfare

2020 ◽  
Vol 19 (12) ◽  
pp. 2358-2371
Author(s):  
S.A. Moskal'onov
Keyword(s):  
Social Welfare ◽  
Mathematical Analysis ◽  
Exchange Economy ◽  
Assessment Criteria ◽  
Impossibility Theorem ◽  
New Approaches ◽  
History Of Development ◽  
Arrow's Impossibility Theorem ◽  
History Of

Subject. The article addresses the history of development and provides the criticism of existing criteria for aggregate social welfare (on the simple exchange economy (the Edgeworth box) case). Objectives. The purpose is to develop a unique classification of criteria to assess the aggregate social welfare. Methods. The study draws on methods of logical and mathematical analysis. Results. The paper considers strong, strict and weak versions of the Pareto, Kaldor, Hicks, Scitovsky, and Samuelson criteria, introduces the notion of equivalence and constructs orderings by Pareto, Kaldor, Hicks, Scitovsky, and Samuelson. The Pareto and Samuelson's criteria are transitive, however, not complete. The Kaldor, Hicks, Scitovsky citeria are not transitive in the general case. Conclusions. The lack of an ideal social welfare criterion is the consequence of the Arrow’s Impossibility Theorem, and of the group of impossibility theorems in economics. It is necessary to develop new approaches to the assessment of aggregate welfare.

Vorarlberg. Baukultur für alle. / Vorarlberg. Building culture for all.

ARCHALP ◽  
2018 ◽  
pp. 126-137
Author(s):  
Marina Hämmerle
Keyword(s):  
Urban Planning ◽  
Common Good ◽  
Private Property ◽  
Corporate Identity ◽  
Master Planning ◽  
Urban And Regional Planning ◽  
Important Challenge ◽  
Great Contrast ◽  
Rhine Valley ◽  
Urban And Regional Development

We cannot understand the development of Vorarlberg’s architectural culture without its spatial, topographical, and socio-economic context. There is a great contrast between rural valleys and the busy, semi-urban Rhine Valley. With their exemplary buildings, states and municipalities model the production of excellent, contemporary architecture. Industrial and commercial architecture has achieved an impressive corporate identity as well. However, we rarely find the same quality in residential construction. Because of the high cost of real estate and construction apartment buildings have grown up like mushrooms, intruding upon areas formerly predominated by detached housing. Urban sprawl has eliminated the borders between the 29 municipalities of the Rhine Valley, resulting in a giant suburban landscape. To remedy this process, the players cooperate with the regional authorities as they carry out their vision of urban planning, including guidelines and ideas. Because planning and production have become so complex, urban and regional development has turned into an immense challenge. Provincial and municipal authorities value openness, participation, common good, ecology, and sustainability and involve citizens and adapt the process to their needs. Still, they must consider subsidy rules and regulations, which, until now, have privileged private property over common good and have prioritized ecological standards over architectural quality and the concerns of urban planning. Since 1997, the Vorarlberg Architecture Institute, has inspired, challenged, and spoken for the architectural-cultural scene. It continues to mediate and complement the discourse and activities of the Central Association of the Architects of Vorarlberg. In addition, the Chamber of Architects strives to improve competition procedures. The Energy Institute Vorarlberg supports ecology and promotes sustainability. The Quality Association “vorarlberger_holzbaukunst” has promoted the renaissance of timber construction. Carpenters and architects actively support the prefabrication and development of new technical solutions. Similarly, the members of the Werkraum Bregenzerwald, a craftsmen’s association, continue and transform the cultural heritage in sophisticated and resource-friendly ways, as evidenced by many buildings and the “Werkraumhaus” itself. Vorarlberg’s hospitality industry plays an important role in supporting and promoting the architectural culture. However, thoughtful and coordinated master planning is necessary to expand the quality of individual architectural projects to urban and regional planning and construction. This transition will be the most important challenge for the period of urban densification. Vorarlberg may be Alpine – even rural – but it is urban without doubt.[English translation by Ingeborg Fink].

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