An evaluation of EIA system performance in Turkey in the context of procedural effectiveness

Purpose In Turkey, where the environmental impact assessment (EIA) has been applied since 1993, there have been numerous amendments in the legal and administrative process of the EIA. This study aims to evaluate the effectiveness of those amendments to the EIA process. Design/methodology/approach This paper evaluated EIA system performance in the context of procedural effectiveness in Turkey from the day implementation was begun. From its beginning to the present day, the positive and negative developments at the EIA process in Turkey caused by the amendments were evaluated and at which stages. Measures recommended increasing the effectiveness of each of the EIA systems were also identified. Findings As the EIA Directive first came into force in the USA in 1970, EIA procedures have been widely adopted throughout the world. Although it has been implemented for many years, expectations regarding the EIA process have still not been realized which has forced countries to conduct studies to increase the effectiveness of the EIA process. Turkey, like other countries that are implementing the EIA, acknowledges that the EIA is a significant impact assessment tool and continues its studies to implement this system effectively. In this respect, in Turkey, where the EIA has been applied since 1993, there have been numerous amendments in the legal and administrative process of the EIA. Originality/value The results obtained from this study were expected to facilitate the evaluation of the EIA process in Turkey and to guide other similar countries.

International environmental law and environmentally harmful space activities: learning from the past for a more sustainable future

Purpose The purpose of this paper is to present and analyse part of the relevant legal instruments currently available for regulating environmentally harmful space activities. Design/methodology/approach This paper opted for a functional research method combined with a comparative methodology. To make the argument, this paper relies on the contextual analysis of primary and secondary sources of law, instrument of soft law and the relevant background material (e.g. journal articles, textbooks, law reform and policy papers). Findings The central section will focus on the principles of international environmental law to outline their utility in the contemporary context. Finally, the conclusive part will point out the several ways in which the use of analogies can shape the outer space regime, especially concerning how those principles that are developed to safeguard the Earth, can also be extended for the protection of the space ecosystem. Originality/value Environmental hazards are rapidly increasing and the current international law and policy on planetary protection are inadequate to meet the challenges of the near future. There is no possibility of an environment-friendly and sustainable future if not strictly connecting it with a comprehensive and transparent acknowledgement of the human mistakes made on Earth. There are valuable lessons to be learned from our past, and it is under this perspective that the trend of polluting the outer space can be reverted. This paper fulfils an identified need to study the correlation between principles of international environmental law, space law and the current situation in the outer space.

(Un)earthly governance: beyond functional frameworks to flourishing spacescapes

Purpose Humanity has a weakness in how we approach the “challenge” of using outer space. This paper aims to show how the global and national frameworks that address our planetary activities and crises are inadequate for the opportunities and challenges of life in outer space. Design/methodology/approach The authors draw on multidisciplinary perspectives to refine an organising governance framework that better showcases the challenges and pathways needed for living and thriving in space-age. The authors prioritise two key pillars and overview the practical and social implications that space-age humanity must address. Findings Social sciences and humanities are vital to problematising post-war colonial legacies of governance by distinguishing the unique and overlooked challenges for thriving and working offworld and identifying progressive research agendas. Research limitations/implications The highlighted agenda has implications for collaborative research institutes and project design. As the vital basis for continuous learning, university-based research institutes span bodies of knowledge, experience, convention and imagination that can support vibrant and overdue debate on good governance that is out of this world. Practical implications This expansive approach has practical implications for the decision-making processes and subjects of spacescape, from reconciling the space commons with prospecting and human occupation to potential governance regimes that capitalise on the zeal for moving beyond merely “existing” off-world. Social implications Examining the governance deficit as we pursue developing spacescape frontiers is an enriching (not reductionist) agenda that deliberately troubles the existing and emerging regime for governing our scientific and imagined off-world society. Originality/value This framework appeals to humanity’s highest evolution in co-producing a fair and flourishing off-world governance framework (beyond replicating planetary regimes).

Situating real estate law for the new outer-space economy

Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

Legal frameworks for urban agriculture: Sydney case study

Purpose This paper aims to examine the planning policy and legal framework governing the creation and operation of urban agriculture in Sydney, Australia’s global city. All levels of urban agriculture are considered – from domestic and small community gardens to large agribusiness – as all make an important contribution to agricultural production in an urban context. Design/methodology/approach Using the Australian State of New South Wales and its capital Sydney, as a focus, the study examines the recent trend of the recognition and re-establishment of agriculture as a desired land use in cities. Three examples are selected for closer scrutiny – Horsley Park Urban Agriculture Precinct, located in the Western Sydney Parklands; City of Sydney’s City Farm, located in the inner suburb of St Peters; and the Western Sydney Aerotropolis Agribusiness Precinct, located at a new airport on the fringe of Sydney. Findings As more city-dwellers embrace urban food production and as city authorities seek to encourage and facilitate farming activities, it is clear that regulatory structures which allow it to happen should be incorporated into urban planning legislation at (in the Australian context) state government level. If cities want to encourage urban agriculture, planning legislation needs to be part of the broader legal framework for enabling it to germinate and thrive. Originality/value This paper explores the emergence of two new types of urban agriculture: first, the multi-functional, small-scale urban farming operation, situated conceptually between a community garden and a full-scale commercial agricultural enterprise, and located spatially in the midst of built-up urban form; and second, the intensive, high tech export-oriented model exemplified by the Aerotropolis Agribusiness Precinct.

The commons institution of Antarctica: a roadmap to governance of mankind resources

Purpose This paper aims to draw on Ostrom’s commons theory to analyse the governance regime of Antarctic as a commons institution. Antarctic is a peculiar territorial space on Earth, which due to its unique characteristics constitutes a global common resource that very much resembles outer space resources. On these grounds, the paper highlights successful, and less successful, arrangements developed in the Antarctic commons to be considered as a blueprint or roadmap towards the governance of outer space resources as a commons. Design/methodology/approach The paper uses first, the social-ecological system (SES) framework to outline the characteristics of Antarctic as a commons institution, and second, Ostrom’s design principles to assess the commons institution of Antarctic. The Antarctic commons institution is used next, as an analogy to reflect on the challenges outer space global resource face and the way it could be managed. Findings The paper concludes that Antarctic enjoys a functional, credible and successful commons institution that should reinforce the twofold governance structure it exhibits. Similar cases of global common resources, such as these of outer space, that seek to establish a similar commons institution should take into account issues related the benefits spectrum and the credible commitment of actors to engage in different levels of the governance regime. What matters is not necessarily the form of the regime but rather how the commons as an institution functions, whether it fulfils the needs and interests of the driving actors and, on these grounds, how credible these arrangements are in the eyes of the committed members. Research limitations/implications Both Antarctica and outer space are rather unique cases and domains of multiple resources. Practical implications The paper provides an analogy to consider sustainable appropriation of global resources (“global commons”) for peace and prosperity to all. Originality/value The paper is original, in the sense that according to the best of the authors’ knowledge, no published work has identified Antarctic as a commons institution or has used the aforementioned methodologies to analyse Antarctica as a commons and to employ their findings in providing directions for the design of appropriate governance frameworks for other resources that exhibit the characteristics of global commons, such as these of the outer space.

A review of property rights in outer space from a land management perspective

Purpose In light of the discussions on outer space property management, this conceptual review paper aims to discuss and evaluate if, when and under which conditions certain land management and property right frameworks can apply to allocate and/or restrict property rights in outer space. Design/methodology/approach This paper applies a pragmatic review approach which seeks to better understand if and how the basic tenets of the land management frameworks could better shape and revise the challenges in outer space regulations. Findings Despite the fact that regulatory guidelines on outer space rights are existing, the analysis shows that these lack a number of practical tools and measures aiming at intervening if stakeholders do not follow the rules. With the use of land management frameworks, it is possible to derive policy options for making the outer space management more practical and action-oriented, in particular for the removal of space debris. These include amongst others more attention for formulating global public restrictions in outer space, incorporating regulatory guidelines for accessing open space regimes, addressing responsiveness and robustness in adherence and compliance to regulations Research limitations/implications Given the conceptual and discursive character of the paper, there are no specific empirical data, yet several recommendations for further research include expanding the boundary work between the land management and regulatory outer space domain. Practical implications The insights derived from land management and real estate related property theories could potentially provide new starting points for (re)formulating the regulatory framework for outer space property discourses. Social implications Interpreting the outer space regulations from known and practiced land management perspective helps to bridge the policy–society knowledge and necessity gap on outer space activities. Originality/value The specific land management perspective and discursive analysis on outer space debris provide new options for devising and extending regulatory guidelines for assigning responsibilities on outer space debris and debris rights, restrictions and responsibilities.

New space property age: at the crossroads of space commons, commodities and competition

Purpose In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion. Design/methodology/approach Through an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem. Findings This paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned. Originality/value This paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

The legal framework for the Syrian urban reconstruction

Purpose As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question pervades all these debates: is the current legal framework adequate for confronting the reconstruction challenges in an effective way? With the purpose of understanding and informing the question, this study aims to analyze the most important legal instrument for the Syrian urban reconstruction, Law 10/2018. Design/methodology/approach A functional analysis of the legal text and of its effective implementation is provided. Following a doctrinal legal approach, internal inconsistencies are highlighted, as well as possible “legal gaps” that might allow and favor instances of disrespect of the rule of law and regulatory capture. Findings The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the neoliberal trend in the Syrian political economy underpins the legal framework for the Syrian reconstruction. Second, from a design perspective, that, while offering a strong mechanism for disciplining the Syrian urban planning, Law 10/2018 does not warrant a scenario of respect of the rule of law and seems too easy prey for regulatory capture. Originality/value While the most recent and prominent legal instrument aimed to frame Syrian post-war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is something that has not been done yet, even if, according to their own ontology, legal provisions have to be understood within the context of the legal system they are inserted in. This paper delves into the subject, analyzing the legal text, its juridical context and the way it has been interpreted by the administrative decision-maker while looking at instances where the axiological goals constitutionally proclaimed and legally enshrined might be prevented by the very regulatory configuration.

Repair in the private rented sector: where now?

Purpose This paper aims to analyse the extent to which recent changes in the law, most notably the Homes (Fitness for Human Habitation) Act 2018 and proposals for changes in tenant redress, will help tenants living in the private rented sector (PRS) with issues of disrepair and poor living conditions. Design/methodology/approach It applies theoretical scholarship on procedural justice, to two proposals for reform, namely, compulsory membership of redress schemes and a new housing court or use of the first-Tier Tribunal for claims relating to disrepair. Findings The Homes (Fitness for Human Habitation) Act 2018 will not provide decent private rented homes without increased security of tenure and a requirement for inspection prior to letting. Tenants should have the right to a fit home at the time of moving in and a cheap and relatively fast method of redress when things go wrong. A combination of compulsory licencing, membership of an ombudsman scheme and either the transfer of disrepair cases to the first-tier tribunal or a new housing court would provide the best overall solution for tenants with regard to repair and condition. Originality/value This study contributes to the important scholarship on procedural justice and applies it to ongoing current debates regarding disrepair in the PRS.