Transboundary Marine Spatial Planning and International Law

Transboundary Marine Spatial Planning and International Law
Title Transboundary Marine Spatial Planning and International Law PDF eBook
Author Daud Hassan
Publisher Routledge
Pages 249
Release 2015-07-16
Genre Law
ISBN 1317810597

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Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.

Planning, Law and Economics

Planning, Law and Economics
Title Planning, Law and Economics PDF eBook
Author Barrie Needham
Publisher Routledge
Pages 340
Release 2006-09-27
Genre Architecture
ISBN 1134288921

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What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved? This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general. For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.

Planning By Law and Property Rights Reconsidered

Planning By Law and Property Rights Reconsidered
Title Planning By Law and Property Rights Reconsidered PDF eBook
Author Barrie Needham
Publisher Routledge
Pages 270
Release 2016-04-22
Genre Law
ISBN 131708019X

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Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Law and Spatial Planning

Law and Spatial Planning
Title Law and Spatial Planning PDF eBook
Author Stefan Larsson
Publisher Blekinge Institute of Technology
Pages 218
Release 2014-08-20
Genre Law
ISBN 9172952865

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This PhD thesis in Spatial Planning argues for the importance of understanding the approaches to knowledge and rationalities embedded in spatially relevant decision-making. It emphasises the significance of seeing law as an empirical object of study for planning and environmental management. The Swedish development of wind power and 3G mobile infrastructures are used as cases to study these issues of principal interest. It is a compilation thesis consisting of a comprehensive introductory framework and five articles or chapters that have also been published elsewhere. The study is based on three main perspectives: Level of decision-making, legitimacy of different forms of knowledge involved in the process, and the sociolegal tension between formal law and its practical consequences. The thesis deals with problems stemming from the multi-level tensions in the planning and implementation that exist between the national, the regional and the local authorities. The legal context is analysed from the sociolegal perspective, in particular how the juridification of siting and permit conflicts determines what type of knowledge that can legitimately affect the decision-making and thereby set conditions for public participation. Finally, the thesis elaborates on the largely counterproductive results of the strong emphasis on “efficiency” in the revision of planning and permit processes for wind power and 3G-infrastructure, and what can be learnt from the experiences of the attempts at increasing efficiency. A combination of methods has been employed in the studies, and the data comes from a range of sources such as a large set of mast building permits, a sample of wind permit cases, as well as appealed permit cases. In addition, interviews have been conducted with judges from relevant courts, including regional handling officers who assess wind turbine applications. Legal documents such as preparatory work and licence conditions have also been analysed. The results show that there is a legal-rhetorical adaptation to the expert-based decision-making in court when permits are appealed. Further, the administrative levels interact poorly in the overall implementation. The national decisions, irrespective of the normative viewpoint of who should control the landscape planning, could be better informed of the preconditions at a local level that factually define the outcome of the implementation.

Maritime Spatial Planning

Maritime Spatial Planning
Title Maritime Spatial Planning PDF eBook
Author Jacek Zaucha
Publisher Springer
Pages 496
Release 2018-01-01
Genre Environmental Law/Policy/Ecojustice
ISBN 3319986961

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This book is open access under a CC BY 4.0 license Maritime or marine spatial planning has gained increasing prominence as an integrated, common-sense approach to promoting sustainable maritime development. A growing number of countries are engaged in preparing and implementing maritime spatial plans: however, questions are emerging from the growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders – and how far does the environment benefit from this new approach? This open access book is the first comprehensive overview of maritime spatial planning. Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners. Jacek Zaucha is Professor of Economics at Gdánsk University, Poland. He is long experienced in maritime spatial planning, and is currently leading the team preparing the first plan for Polish waters. Kira Gee is Research Associate at the Centre for Materials and Coastal Research (Helmholtz-Zentrum Geesthacht), Germany. She has been involved in MSP research and practice for over 20 years, and has participated in numerous national and transnational European MSP projects.

The Palgrave Encyclopedia of Urban and Regional Futures

The Palgrave Encyclopedia of Urban and Regional Futures
Title The Palgrave Encyclopedia of Urban and Regional Futures PDF eBook
Author Robert C. Brears
Publisher Springer Nature
Pages 2334
Release 2023-01-13
Genre Social Science
ISBN 3030877450

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While urban settlements are the drivers of the global economy and centres of learning, culture, and innovation and nations rely on competitive dynamic regions for their economic, social, and environmental objectives, urban centres and regions face a myriad of challenges that impact the ways in which people live and work, create wealth, and interact and connect with places. Rapid urbanisation is resulting in urban sprawl, rising emissions, urban poverty and high unemployment rates, housing affordability issues, lack of urban investment, low urban financial and governance capacities, rising inequality and urban crimes, environmental degradation, increasing vulnerability to natural disasters and so forth. At the regional level, low employment, low wage growth, scarce financial resources, climate change, waste and pollution, and rising urban peri-urban competition etc. are impacting the ability of regions to meet socio-economic development goals while protecting biodiversity. The response to these challenges has typically been the application of inadequate or piecemeal solutions, often as a result of fragmented decision-making and competing priorities, with numerous economic, environmental, and social consequences. In response, there is a growing movement towards viewing cities and regions as complex and sociotechnical in nature with people and communities interacting with one another and with objects, such as roads, buildings, transport links etc., within a range of urban and regional settings or contexts. This comprehensive MRW will provide readers with expert interdisciplinary knowledge on how urban centres and regions in locations of varying climates, lifestyles, income levels, and stages development are creating synergies and reducing trade-offs in the development of resilient, resource-efficient, environmentally friendly, liveable, socially equitable, integrated, and technology-enabled centres and regions.

Land Use and Spatial Planning

Land Use and Spatial Planning
Title Land Use and Spatial Planning PDF eBook
Author Graciela Metternicht
Publisher Springer
Pages 125
Release 2018-01-12
Genre Political Science
ISBN 3319718614

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This book reconciles competing and sometimes contradictory forms of land use, while also promoting sustainable land use options. It highlights land use planning, spatial planning, territorial (or regional) planning, and ecosystem-based or environmental land use planning as tools that strengthen land governance. Further, it demonstrates how to use these types of land-use planning to improve economic opportunities based on sustainable management of land resources, and to develop land use options that strike a balance between conservation and development objectives. Competition for land is increasing as demand for multiple land uses and ecosystem services rises. Food security issues, renewable energy and emerging carbon markets are creating pressures for the conversion of agricultural land to other uses such as reforestation and biofuels. At the same time, there is a growing demand for land in connection with urbanization and recreation, mining, food production, and biodiversity conservation. Managing the increasing competition between these services, and balancing different stakeholders’ interests, requires efficient allocation of land resources.