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Article
Publication date: 13 April 2015

Luke Bennett and Antonia Layard

432

Abstract

Details

International Journal of Law in the Built Environment, vol. 7 no. 1
Type: Research Article
ISSN: 1756-1450

Open Access
Article
Publication date: 15 May 2023

Jinwon Jeon

This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.

24440

Abstract

Purpose

This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law.

Design/methodology/approach

This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law.

Findings

This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies.

Originality/value

This study presents a novel approach to systematising the methodology and framework of comparative planning law.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 2
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 10 October 2022

Mohamed Ismail Sabry

This paper investigates the factors responsible for the emergence of different arrangements of state–society relations. Being concerned with the relations related to the…

1809

Abstract

Purpose

This paper investigates the factors responsible for the emergence of different arrangements of state–society relations. Being concerned with the relations related to the industrial sector, this study focuses more on state–business–labor relations (SBLRs), especially on power dynamics between the main actors in these relations, namely, the state, tycoons, entrepreneurs and labor.

Design/methodology/approach

Based on power dynamics, four SBLR modes are identified and differentiated according to state power vis-à-vis non-state actors and tycoon power vis-à-vis the other non-state actors. The balanced mode is characterized by balanced power relations among the four considered actors. In the capture mode, tycoons are more powerful than other actors, including the state, although other nonsocial actors have organizational rights. The crony mode has powerful state, subservient tycoons who enjoy high levels of favoritism and low organizational power for the other social actors. Finally, the state-dominance mode has powerful state, low levels of favoritism to tycoons and low organizational power for all social actors. The paper then explores the factors responsible for the emergence of each of these modes by investigating the factors’ effects on state power and favoritism to tycoons. The investigated factors include historical political–economic, geographical, legal and cultural factors. The hypothesized effects of these factors are then tested using a random-effects probit regression model, investigating how the different factors affect the probability of the existence of the studied SBLR modes.

Findings

The results support much of the hypothesized relations and place more emphasis on some of the investigated factors. Earlier development is clearly responsible for the emergence of either the balanced or the state-capture SBLR mode. Geographical conditions favorable for development, such as latitude and metal richness, also lead to the emergence of either mode. The communist heritage, and more accurately the post-communist economic and incomplete political liberalism of the transition stage, contributed to the emergence of the state-capture SBLR mode. The British legal system, with the power it provides to non-state actors through the independence of judges and other measures, contributes to the emergence of the balanced SBLR mode. Cultural factors are largely responsible for the emergence of the crony SBLR mode, especially hierarchical and collectivist cultures, as well as ethnic fractionalization. On the other hand, the culture of Confucians has the strongest influence on the emergence of state dominance, while other cultures play a marginal role in its rise, and ethnic fractionalization marginally defuses the ability of the state to dominate without resorting to favoritism. Finally, access to rich natural resources, by enriching the state independently from social actors’ financial resources (e.g. taxation), marginally increases the probability of the emergence of the state-dominance mode.

Research limitations/implications

There is room for path dependency to explain the emergence of different SBLR modes in many countries. Unfortunately, the introduced regression model and any quantitative empirical work would not be able to effectively investigate such a process. Instead, an approach depending on case studies and a deeper investigation of country-specific historical political development is needed to complement the research done here. Conducting such an additional quest would help in reaching a more comprehensive understanding of why different countries have different SBLR modes. This should ultimately help in answering an equally important question: How to reverse engineer the emergence of favorable SBLR modes?

Practical implications

Although this paper did not investigate the economic merits or mischiefs of each of the studied modes, it is plausible to think of the balanced SBLR as the best mode. This is supported not only by the fact that most of the countries of this mode are developed countries but also by the attractiveness of the power dynamics governing this mode—a more balanced power among different SBLR actors. While some factors are almost impossible to replicate, for example, geographical factors, reform could target the factors that could be changed or mitigated. This is true for legal reform, especially for fostering the independence of judges. Culture is often regarded as a sticky institution. However, this is not always true, even though the change happens in the long run. A sort of dynamism should always be considered when referring to culture through time and space. Institutional reform could be instrumental in the long run in this regard. Conducting such reform with the help of such “exogenous” institutions should always consider the match between these institutions and “endogenous” institutions, such as culture. That is to say, the connection between democratization, fostering accountability and curbing favoritism and cultural values leaning toward these principles should be firmly established. Finally, a point of optimism is that—based on the results of this paper—reaching a high state of development could increase the chances of realizing a more balanced SBLR mode in the long run.

Originality/value

This paper represents a novel contribution to a topic that has hardly been addressed in the literature. The methodology that is used identifies different state–society relation modes and focuses on power relations in SBLRs is another important contribution to the present literature in many fields, such as institutional economics, socioeconomics and political economy.

Details

Fulbright Review of Economics and Policy, vol. 2 no. 2
Type: Research Article
ISSN: 2635-0173

Keywords

Open Access
Article
Publication date: 7 October 2021

Luissa Vahedi, Sabine Lee and Susan A. Bartels

This paper aims to analyze the lived experience of seeking justice and reparations related to conceiving a peacekeeper-fathered child.

1222

Abstract

Purpose

This paper aims to analyze the lived experience of seeking justice and reparations related to conceiving a peacekeeper-fathered child.

Design/methodology/approach

Based on 18 semi-structured qualitative interviews conducted across Haiti in 2017, the authors mapped the experiences of Haitian mothers of peacekeeper-fathered children onto the ecological framework, proposing prevention/response strategies at the micro, meso and macro levels.

Findings

The findings mainly focus on reporting and access to support. Reporting was sometimes discouraged by the peacekeeper fathers due to the fear of being reprimanded. Among women who did report, some were told that nothing could be done, as the peacekeeper returned to his home country. Disclosure fatigue was common among participants who formally reported their pregnancies/peacekeeper-fathered children, particularly when promises of employment or child support failed to materialize. Overall, there was widespread distrust and disillusionment with the UN’s reporting and support system.

Originality/value

To improve the UN’s sexual abuse and exploitation prevention/response system at the micro level, the authors propose addressing personal knowledge/attitudes/beliefs through scenario-based and contextually relevant peacekeeper training and addressing the sexual/reproductive health needs of women and girls in proximity to peacekeeping bases. At the meso level, the UN should improve trust in reporting. Efforts to do so should include mandatory third-party deoxyribonucleic acid testing and banking, streamlined reporting mechanisms and removing the practice of automatically repatriating implicated peacekeepers. At the macro level, the authors recommend investments to improve educational and economic opportunities for women and girls, as well as revamping policies that contribute to impunity and absolve peacekeepers and troop-contributing countries of their responsibilities to provide child support.

Details

Journal of Aggression, Conflict and Peace Research, vol. 14 no. 1
Type: Research Article
ISSN: 1759-6599

Keywords

Content available
Book part
Publication date: 11 August 2021

Anna Schliehe

Abstract

Details

Young Women's Carceral Geographies: Abandonment, Trouble and Mobility
Type: Book
ISBN: 978-1-83909-050-9

Open Access
Article
Publication date: 17 June 2021

Susanne Zimmermann-Janschitz, Simon Landauer, Sebastian Drexel and Jana Obermeier

The study aims to promote independent mobility for persons with visual impairment or legal blindness (VIB) by developing a Web-based wayfinding application using geographic…

Abstract

Purpose

The study aims to promote independent mobility for persons with visual impairment or legal blindness (VIB) by developing a Web-based wayfinding application using geographic information systems (GIS). While the literature mainly focuses on technical devices presenting results for wayfinding, a lack of integration of user needs is identified. The inclusive, participative developed application offers step-by-step directions for pre-trip planning through an accessible user interface.

Design/methodology/approach

The paper presents a semi-automated approach to extract a pedestrian routing network data set based on open government data and field survey. User profiles calculate different routes using a weighting scheme for landmarks, orientation hints, infrastructure of crossings and sidewalks. The adoption of ArcGIS Web AppBuilder widgets allows access of the user interface additionally through keyboard-only navigation and therefore screen-reader capability.

Findings

GIS offers a powerful tool to design network analysis for persons with VIB. The routing algorithm accesses different user profiles, returning individualized turn-by-turn directions. The complex set of attributes, including shorelines, landmarks and barriers, can be integrated by semi-automated processes.

Practical implications

The paper illustrates the benefit of GIS applications for wayfinding of persons with VIB to raise self-determination and independence.

Originality/value

A ubiquitous pedestrian sidewalk network for a medium-size city comprises a novelty, as research has mainly focused on small areas. The integration of shorelines next to a various number of hints, landmarks and potential barriers through semi-automated processes allows reproducibility and transferability of the model to other cities.

Details

Journal of Enabling Technologies, vol. 15 no. 3
Type: Research Article
ISSN: 2398-6263

Keywords

Open Access
Article
Publication date: 7 April 2021

Laura Panadès-Estruch

This article critically analyses the extent to which selected Public-Private Partnerships (PPPs) transportation projects in the Caribbean subregion embrace good practices and how…

1989

Abstract

Purpose

This article critically analyses the extent to which selected Public-Private Partnerships (PPPs) transportation projects in the Caribbean subregion embrace good practices and how they benefit the public sector.

Design/methodology/approach

The article begins with the general rationale of PPPs, leading to a discussion on the specific challenges of the Caribbean subregion and an assessment of certain critical projects. The sample cases include the L F Wade International Airport in Bermuda, the cruise berthing and cargo port redevelopment project in the Cayman Islands, and the Sanger International Airport in Jamaica. There are five aspects to the critical assessment: (a) an evaluation of the type of PPP arrangement used; (b) the legal/policy framework; (c) financial implications; (d) accountability; and (e) miscellaneous data. Desk-based research is conducted as supported by both international and local sources to convey a uniquely local perspective in this under-researched area of scholarship.

Findings

PPP frameworks in the Caribbean are improving quickly but remain a work in progress. Jamaica leads the region. Bermuda trails behind. Problems of legal compliance with frameworks and limited market engagement persist, leading to risk management problems.

Originality/value

This article fills a literature gap on critical analysis of individual Caribbean PPP transportation projects. Previous reports, mostly by international organisations, cover regional or sectorial trends. Other sources take a descriptive but not critical approach.

Details

Public Administration and Policy, vol. 24 no. 1
Type: Research Article
ISSN: 1727-2645

Keywords

Open Access
Article
Publication date: 29 May 2023

Neegar Sultana, Shahana Sultana, Rahul Saha and Md. Monirul Alam

This research aims to determine to what degree registered and nonregistered Rohingyas differ in their difficulties and coping strategies.

1953

Abstract

Purpose

This research aims to determine to what degree registered and nonregistered Rohingyas differ in their difficulties and coping strategies.

Design/methodology/approach

Kutupalong registered and one nonregistered camp (Camp 2E) were selected as the study area, and a mixed-methods approach was followed to collect the data. Six in-depth interviews and two focus group discussions (FGDs) were conducted first, and then the questionnaire survey was conducted on 315 Rohingyas, comprising 116 registered and 199 non-registered refugees.

Findings

The results indicate a substantial difference in the difficulties and coping techniques of registered and nonregistered refugees in food, residence, health and security. Except for the health and security issue, the registered Rohingyas (RRs) have a relatively better life than the nonregistered Rohingyas (NRRs). The main problem registered refugees undergo is economic, followed by health service, food, residence, social and security issue. For nonregistered refugees, economic and social issues receive maximum attention, while security is their last concern. The coping strategies show that all strategies against difficulties significantly differ between registered and nonregistered Rohingyas.

Practical implications

Based on their registration status, this research may assist humanitarian workers and policymakers in better understanding of Rohingya refugees' livelihood strategies and challenges in Bangladesh. The findings may also help practitioners and policymakers build new programs and services to assist complex and difficult refugee groups in improving their livelihoods and access to essential amenities.

Originality/value

Previous research shows little attention to the variations between registered and unregistered refugees. However, almost no studies have compared the challenges and coping methods of registered and unregistered Rohingya refugees in Bangladesh and other regions. This research was meant to define and offer an in-depth analysis of the Rohingya refugees' livelihood strategies in the Kutupalong registered and nonregistered camp in Bangladesh to fill the knowledge gap.

Details

Southeast Asia: A Multidisciplinary Journal, vol. 23 no. 2
Type: Research Article
ISSN: 1819-5091

Keywords

Content available
Book part
Publication date: 9 August 2023

Abstract

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Open Access
Article
Publication date: 26 May 2023

Eline Punt, Jochen Monstadt, Sybille Frank and Patrick Witte

Cyber resilience has emerged as an approach for seaports to deal with cyberattacks; it emphasizes ports’ ability to prepare for an attack and to keep operating and recover…

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Abstract

Purpose

Cyber resilience has emerged as an approach for seaports to deal with cyberattacks; it emphasizes ports’ ability to prepare for an attack and to keep operating and recover quickly. However, little research has been undertaken on the challenges of governing cyber risks in seaports. This study aims to address this gap.

Design/methodology/approach

Governing cyber resilience is shaped by distributed responsibilities, uncertainties and ambiguities. The authors use this conceptualization to explore the governance of cyber risks in seaports, taking the Port of Rotterdam as a case study and analyzing semistructured interviews with stakeholders, participatory observation and policy documents and legislation.

Findings

The authors found that many strategies for governing cyber risks remain dedicated to protecting computer systems against cyberattacks. Nevertheless, port stakeholders have also developed strategies in anticipation of disruptions. However, these strategies appear informal and uncoordinated due to a lack of information exchange, insufficient knowledge regarding cyber risks and disagreement about how to make the Port of Rotterdam cyber resilient. What mainly hampers the cyber resilience of the port is the lack of a comprehensive regulatory framework and economic incentives. The authors conclude that resilience is merely an ideal at the Port of Rotterdam, meaning related governance strategies remain incremental and await institutionalization.

Originality/value

This paper offers insights into the cyber resilience of critical socio-technical systems, which have been underexposed in cyber resilience debates, but, when exploited, can manifest in large-scale disruptions.

Details

Digital Policy, Regulation and Governance, vol. 25 no. 4
Type: Research Article
ISSN: 2398-5038

Keywords

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