Brand, M.C. (2013), "Editorial", International Journal of Law in the Built Environment, Vol. 5 No. 1. https://doi.org/10.1108/ijlbe.2013.41105aaa.001Download as .RIS
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Copyright © 2013, Emerald Group Publishing Limited
Article Type: Editorial From: International Journal of Law in the Built Environment, Volume 5, Issue 1
Welcome to the first issue of the International Journal of Law in the Built Environment for 2013. The five papers in this issue come from Australia, New Zealand, The Netherlands and the UK. The papers come from seven authors. One paper is multi-national. The range of topics is wide with two papers touching on different aspects of regulation within the European Union (EU). The range of research frameworks applied by the authors in this issue is equally wide, including black-letter, comparative and socio-legal.
Jeroen van der Heijden and Ellen van Bueren address the degree of homogeneity in the sustainable construction regulatory frameworks employed by EU member states. Their study gives insights into how the EU member states have addressed the concept of sustainability in their building regulatory frameworks and the effects of attempted harmonization by the European Commission. The results are based on an in-depth empirical study carried out in 2010 of the sustainable construction regulations of EU member states.
Barbara Bogusz examines how public law regulates the relationship between private landowners and users in the context of town and village greens (TVGs) in England and Wales. The author’s examination is based on a critical appraisal of recent case law, academic literature and policy papers in the field. It is found that gaps currently exist both in the regulatory framework and the judicial application relating to TVGs creating an imbalance between the legitimate interests of both landowners and users.
Thomas Gibbons provides a focused study of management agreements within the framework of multi-unit housing in New Zealand. The study includes a critical examination of New Zealand case law through the lens of the model by Blandy, Dupuis and Dixon for studying multi-unit housing. It is found that the problem of “developer abuse” exists in New Zealand as it does in other countries and jurisdictions. The study extends existing models for studying multi-unit housing by identifying five phenomena for future consideration.
Yseult Marique contends that at the heart of complex construction projects, there is a tension between competition and cooperation, which is reflected in the interplay between transparency and trust. The study compares the English and Belgian legal systems to map some of the key tensions between competition and cooperation. The results bring to light how competition and cooperation need to be articulated to develop complex construction projects in the face of EU procurement directives.
Timothy Eccles and John Pointing explore the theories of regulation by examining their consistency and fit with the development of “smart” regulation, “better” regulation and “self” regulation. The paper examines two case studies to draw out the drivers for regulatory practice and establishes a model for further study. The first case study concerns the deregulation of building control. The second case study concerns the promotion of the Primary Authority Scheme by government via the establishment of the Local Better Regulation Office and the Better Regulation Delivery Office.
I hope you enjoy reading the papers in this issue.
Michael C. Brand