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Abstract

Details

A Neoliberal Framework for Urban Housing Development in the Global South
Type: Book
ISBN: 978-1-83797-034-6

Article
Publication date: 19 October 2023

Alolote Amadi

This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law…

Abstract

Purpose

This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law modules.

Design/methodology/approach

A Delphi analysis of the advice provided by an MSC quantity surveying student, on a scenario-based legal problem arising due to a property contract, is carried out. The tendered legal advice was submitted as part of the assessment requirements for an MSc law module, following the university criteria, after the teaching of a law module. The student report, which attained an A-grade, and the assessment criteria used for marking/grading by the university were subsequently sent to 18 practicing lawyers, who were selected to constitute an expert panel, to independently judge the extent of legal knowledge demonstrated in the student report.

Findings

The Delphi analysis outcome showed that the expert panel holds a similar consensus view to the university on the level of legal knowledge demonstrated and by extension the effectiveness of the law module in imparting legal knowledge to a non-lawyer. The study outcome shows how well legal knowledge can be acquired and applied by a non-lawyer, within the context of the built environment, via scenario-based teaching of a law module.

Originality/value

This study serves as a preliminary step necessary to arouse further research toward empirically profiling the current outlook of a wider range of graduating students receiving scenario-based legal education in the built environment.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 8 September 2023

David D. Knoll A.M.

This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata…

Abstract

Purpose

This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases.

Design/methodology/approach

An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement.

Findings

Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascertain whether any errors have been made by a tribunal lie on the critical path to the decision. As strata and community title disputes become more complex, the importance of decisional quality standards can only increase.

Research limitations/implications

Up to date as of 1 March 2023.

Practical implications

The present position would appear to be that where a party presents a substantial, clearly particularised argument relying upon established facts, a tribunal must address its mind to those facts and the arguments by way of an active intellectual process. The requirement is limited to circumstances prescribed by a statute and factual and legal issues which are necessary to be determined in order for the tribunal to be satisfied as to circumstances prescribed by a statute. However, where the errors are not gross and plainly obvious, appeals from defective tribunal decisions are unlikely to succeed. There is a degree of deference not often accorded to judicial officers. That deference is unfortunate when tribunals are allocated jurisdiction over what quite often are significant property disputes.

Social implications

The impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years, as, for example, occurred in the Marinko case.

Originality/value

The research and analysis is entirely original. A search of journals and textbooks did not identify any prior analysis, at least in the Australian context, relating to decisional quality standards of tribunals.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 12 February 2020

Sabah Ahmd Farag

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…

6672

Abstract

Purpose

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

Design/methodology/approach

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Findings

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

Research limitations/implications

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

Originality/value

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

Details

Review of Economics and Political Science, vol. 8 no. 6
Type: Research Article
ISSN: 2356-9980

Keywords

Article
Publication date: 11 December 2023

Nanik Trihastuti, Pulung Widhi H. Hananto, Adya Paramita Prabandari, Salawati Mat Basir, Aditya Agung Pratama and Efrema Ardratya Prakasita Puteri

The purpose of this paper is to explore the problem of land degradation as a category of environmental terrorism, which has been increasing along with the rise of open pit mining…

Abstract

Purpose

The purpose of this paper is to explore the problem of land degradation as a category of environmental terrorism, which has been increasing along with the rise of open pit mining and oil palm plantation activities.

Design/methodology/approach

This study uses a doctrinal approach that aims to find the best solution to address the problem of land degradation and environmental terrorism activities in Indonesia through a comparative legal study conducted with the handling of similar cases in Malaysia, which has almost the same character as Indonesia.

Findings

This paper finds that both Indonesia and Malaysia have enacted laws and regulations to address environmental concerns. However, it turns out that relying only on law enforcement is not an optimal solution. Addressing the problem of land degradation would also require the implementation of sustainable development practices, public awareness and cooperative dialogue.

Originality/value

This paper provides a new approach to answer the inclusion of environmental degradation as environmental terrorism, which should also be considered a crime against humanity.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

Details

Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

Keywords

Article
Publication date: 11 July 2023

Margarita Canal A., Peter Kesting, David Aponte Castro and Remigiusz Smolinski

Extensive empirical evidence suggests that procedural justice (PJ) and distributive justice (DJ) are key success factors for achieving durable peace negotiations. This paper aims…

Abstract

Purpose

Extensive empirical evidence suggests that procedural justice (PJ) and distributive justice (DJ) are key success factors for achieving durable peace negotiations. This paper aims to investigate how complexity affects these factors and the outcomes in negotiations.

Design/methodology/approach

The qualitative study is based on an examination of the peace negotiations that led to the 2016 agreement between the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo and the Colombian Government. Based on document analysis, the authors examined in detail how and where in the process the principles of PJ and DJ were applied. The authors then examined the implementation progress after 2016 and placed the peace process in the overall context of the Colombian conflict.

Findings

The authors found that the principles of PJ and DJ were present in both the negotiation process and the agreement. The negotiations were successful and satisfactory solutions could be found for all issues. The complexity of the conflict is reflected in the limited coverage of the peace negotiations. Not all groups, interests and subconflicts could be included in the negotiations. This limits their contribution to a durable peace in Colombia. Conflicts that remain unresolved also have a negative effect on the implementation of the agreement.

Practical implications

For conflict management, this implies that the negotiations should not be viewed as “one-and-done” but rather as a progressive, ongoing process. The agreement is only the nucleus for achieving total peace. It must be actively advanced and defended.

Originality/value

This study offers new qualitative insights into how PJ and DJ function in negotiations. It also establishes a systematic connection between PJ and DJ and complexity, introduces the notion of coverage and, thereby, opens a new perspective on the management of conflict complexity.

Details

International Journal of Conflict Management, vol. 35 no. 1
Type: Research Article
ISSN: 1044-4068

Keywords

Book part
Publication date: 31 January 2024

Brye Marshall and Julie Nichols

This opinion piece by Brye Marshall, an Aboriginal archaeologist, and Julie Nichols, an academic in architecture and digital humanities, explores the agency and authority of…

Abstract

This opinion piece by Brye Marshall, an Aboriginal archaeologist, and Julie Nichols, an academic in architecture and digital humanities, explores the agency and authority of intangible cultural heritage [ICH], particularly from a First Nations’ perspective.

They consider how ICH is defined, valued, and supported within contemporary cultural institutions like galleries, libraries, archives, and museums [GLAM], which are custodians of Australian cultural heritage. The piece discusses the challenges of recording Indigenous arts and knowledge outside of Indigenous communities, without recognition or benefits to Indigenous people. The discussion extends to the Western-centric definition of cultural heritage and its limitation in recognising Indigenous world views. The authors acknowledge ongoing debates around best practice in acknowledging Indigenous knowledge and narratives in historical records.

This chapter concludes that redefining ICH from Indigenous perspectives could empower communities, redefine heritage definitions, and contribute to global conversations about heritage, climate change, urban development, and connection to land.

Details

Data Curation and Information Systems Design from Australasia: Implications for Cataloguing of Vernacular Knowledge in Galleries, Libraries, Archives, and Museums
Type: Book
ISBN: 978-1-80455-615-3

Keywords

Expert briefing
Publication date: 5 December 2023

Official figures suggest that 10 million people participated in a referendum held on December 3 in which over 90% of those who voted (accounting for nearly half of the electorate…

Case study
Publication date: 24 November 2023

Asha Kaul and Vidhi Chaudhri

On May 27, 2020, a blowout occurred in Well No. 5 at Baghjan (Assam); the well, owned by Oil India Ltd., caught fire on June 9, 2020. For almost five and a half months, the…

Abstract

On May 27, 2020, a blowout occurred in Well No. 5 at Baghjan (Assam); the well, owned by Oil India Ltd., caught fire on June 9, 2020. For almost five and a half months, the company tried to douse the 200-foot high flame but failed to do so. Finally, on Day 173, Oil India Ltd succeeded in capping the well. Biswajit Roy, Director (Human Resources and Business Development), was tasked with investigating the nature and cause of the crisis. Roy pondered on the nature of the crisis: Had it been purely technical or stakeholder-induced? What had led to the chaotic condition? Could things have been done differently?

Details

Indian Institute of Management Ahmedabad, vol. no.
Type: Case Study
ISSN: 2633-3260
Published by: Indian Institute of Management Ahmedabad

Keywords

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