This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades - both from a theoretical as well as from a policy perspective - comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Not only this study identifies the economic impact of the law in both jurisdictions, it also looked at the practitioners functions in the dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted to numerous challenges. For instance, nationality requirement for its access, has been ruled by the ECJ as contrary to the freedom of establishment and art. 49 TFEU and not justified by "the exercise of public authority".In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered as well as financial cost and delays. They also argue that a liberalisation of professions such as civil law notaires would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently, because of the culturally different relevant angles.

Controlling Pollution in Transition Economies examines and evaluates the recent experience of implementing pollution charges and the use of environmental permits in Central and Eastern Europe and Russia.The book focuses on controlling point-source air and water pollution. It describes and analyses the experience of implementing pollution charges and fines, and the interactions of these fiscal instruments with systems of pollution permits. The ten country case studies have been written by specialists who have been or are actively involved with the development or revision of pollution charges. Based on the experience of these countries, general conclusions are drawn for implementing pollution charge systems in other contexts. This book will encourage new theoretical and empirical work on the problem of implementing economic instruments (pollution charges), in combination with 'command-and-control' instruments (pollution permits). Practitioners and policy analysts as well as graduate students, academics, researchers and environmental consultants will find this book an important contribution to the existing literature.

Property rights formalize the relationship between individuals and goods. They form the cornerstone of the pricing, supply and efficient allocation of scarce resources between individuals.The Economic Foundations of Property Rights is an outstanding collection of some of the most important work from the founders of the field, including James M. Buchanan, Douglass C. North, Richard Posner, Armen Alchian, Lord Peter Bauer and Karl Brunner. It addresses the development of property rights, the effects of property rights on the allocation of resources and the link between alternative property rights and the production of wealth. Specifically, the authors consider the issues of democracy, law, transaction costs, the economics of exchange and the valuation of assets. The discussion considers property rights in the context of developing countries and transition economies as well as developed market systems. This comprehensive new source book will be welcomed by economists, particularly those interested in law and economics, as well as political scientists and those interested in public choice theory.

'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.' Mikhail Xifaras, Sciences Po Law School, France Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples. Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field. Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. Walsh

This may be the book to guide advocates and citizens through our complex environmental laws. . . . Not a critique of the pollution laws, this is a detailed summary of their provisions, such as who is responsible for administration; criteria and schedules to be met; citizens' right to bring suit; and the like. Not easy reading, it beats hacking through the language of the laws themselves. "Library Journal"

"Pollution Law Handbook" is a comprehensive yet accessible guide to eight major federal statutes concerned with controlling pollution. Written for attorneys and their corporate clients concerned with environmental matters, the handbook is designed to help the reader fully comprehend both the general intent and the essential provisions of each statute--many of which seem convoluted, confusing, and unduly complex in their original statutory text. The eight statutes selected for inclusion are those which provide the principal authority for regulating air, water, and land pollution, and toxic waste.

The 1990s have seen a massive rebirth of the real estate industry in China. Although ownership of Chinese land is in theory restricted to the State and to agricultural collectives, in practice the concept of the "right to use" land has evolved into a system of real estate law with many parallels in the West, including such familiar elements as mortgages, leases, zoning, liens and taxation. The difference lies in procedural requirements, and it is in this practical area that prospective foreign investors in Chinese real estate should find this book useful. Taking into account the Land Use Purpose Control System that came into effect in China on January 1, 1999, the authors of this book fully explain such important components of real estate development and use as the following: planning requirements; qualifying to obtain a land use right; fee requirements; registration procedures; taxes affecting real estate; bankruptcy provisions affecting real estate; landlord/tenant rights and duties in commercial leasing; appraisal and survey procedures and a great deal more. They provide clear guidance through the complex web of administration and regulation at every government level, including the important role of the agricultural collectives in the expanding urban fringes. They analyze the areas of unsettled law - for example, tenant default remedies - that might create significant concern for western investors, and offer recommendations that avoid pitfalls. This is a detailed, comprehensive guide to real estate investing in today's China.

Were you looking for the book with access to MyLawChamber? This product is the book alone, and does NOT come with access to MyLawChamber. Buy Land Law, 1e by Paul Richards with MyLawChamber access card 1e (ISBN 9781408287439) if you need access to the MyLab as well, and save money on this brilliant resource. Land Law, a brand new title in the Foundations series, offers a comprehensive, clear and straightforward account of the law ideal for LLB or GDL/CPE students. Readers will gain a firm grasp of the essential concepts as well as an awareness of important developments in the law. Use the power of MyLawChamber to accelerate your learning. You need both an access card and a course ID to access MyLawChamber: Is your lecturer using MyLawChamber? Ask your lecturer for your course ID. Has an access card been included with the book? Check the inside back cover of the book. If you have a course ID but no access card, go to: http://www.mylawchamber.com to buy access to this interactive study programme. MyLab and Mastering from Pearson improve results for students and educators. Used by over ten million students, they effectively engage learners at every stage. For educator access, contact your Pearson Account Manager. To find out who your Account Manager is, visit www.pearsoned.co.uk/replocator

Blueprints provide a unique plan for studying the law, giving a visual overview of the vital building blocks of each topic and the various outside influences that come together in the study of law. This series enables the reader to place everything within memorable context and is useful in providing an overview of the law. Each text offers a clear understanding of legal study and an engaging introduction to each subject; presenting the study of law as both an academic subject and a force in society. The texts map to undergraduate law degree programmes and are tailored for use harmoniously alongside core law material.

Local Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies. In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.

The Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.

The European acquis communautaire in the field of property law is to a large extent still unexplored. This book shines a light on EU property law, providing an overview of the existing acquis communautaire in property law, and presenting a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms - of goods, persons, services, and capital - on national property law, and it discusses whether or not the EU would have the competence to actively create property law, as well as the extent to which it has already done so. By conducting an extensive search on the basis of some thirty key property law terms, the book has been able to uncover, not just the handful of Directives and Regulations that touch upon property law and are relatively well-known, but also hundreds of EU legislative measures that make use of property law concepts, but leave them mostly undefined. The resulting picture of EU property law is a fragmented one. In order to develop this field of law more consistently and coherently, the book proposes a framework for future EU property law, focusing on both form and content. The essence of this framework is the development of three European-autonomous property rights, functioning within a European set of property law rules. (Series: Ius Commune Europaeum - Vol. 117)

Property is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects. Governments hope that these projects will create jobs and economic growth, but the justification of such third-party transfers for economic development is controversial. The public benefits of such expropriations are disputed, since they directly benefit private parties, and frequently do not have the desired outcome. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis investigates the institutional, procedural, and substantive conditions under which different jurisdictions permit third-party transfers for economic development. The jurisdictions examined are the Netherlands, Germany, New York State and South Africa. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis shows that employment or economic growth created by private business projects is a legitimate end in all the jurisdictions under examination. However, some striking differences between the jurisdictions are evident, with respect to several questions, including: Which state body decides on whether economic development is a legitimate end? Can a judge prevent unnecessary or excessive expropriations? Is the project developer obliged to implement the project? Against the backdrop of international good governance standards, The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis assesses whether the laws in these jurisdictions are adequate. The book demonstrates that the examined jurisdictions in various respects fail to meet international standards and recommends legal reforms to ensure compliance.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases.

--The first edition is an essential reading for planning students as it is the only text available that focuses on planning law and practice in Northern Ireland. --Updated to address consequences of BREXIT, the impact of COVID-19 on planning procedures, and the emergence of Local Development Plans within the new 2-tier planning system of Northern Ireland

This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations-the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government. The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord & tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarise key current property cases.

This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.