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In light of the discussions on outer space property management, this conceptual review paper aims to discuss and evaluate if, when and under which conditions certain land management and property right frameworks can apply to allocate and/or restrict property rights in outer space.

This paper applies a pragmatic review approach which seeks to better understand if and how the basic tenets of the land management frameworks could better shape and revise the challenges in outer space regulations.

Despite the fact that regulatory guidelines on outer space rights are existing, the analysis shows that these lack a number of practical tools and measures aiming at intervening if stakeholders do not follow the rules. With the use of land management frameworks, it is possible to derive policy options for making the outer space management more practical and action-oriented, in particular for the removal of space debris. These include amongst others more attention for formulating global public restrictions in outer space, incorporating regulatory guidelines for accessing open space regimes, addressing responsiveness and robustness in adherence and compliance to regulations

Given the conceptual and discursive character of the paper, there are no specific empirical data, yet several recommendations for further research include expanding the boundary work between the land management and regulatory outer space domain.

The insights derived from land management and real estate related property theories could potentially provide new starting points for (re)formulating the regulatory framework for outer space property discourses.

Interpreting the outer space regulations from known and practiced land management perspective helps to bridge the policy–society knowledge and necessity gap on outer space activities.

The specific land management perspective and discursive analysis on outer space debris provide new options for devising and extending regulatory guidelines for assigning responsibilities on outer space debris and debris rights, restrictions and responsibilities.

The purpose of this paper is to weigh the benefits and costs of public property, as opposed to private, from the transaction cost perspective. In the absence of transaction costs, private property has clear advantages over public. However, when the true costs of running an economic system are taken into account, the advantages of private property are not so evident and public property may turn out to be the preferred form of ownership. The paper shows that in high-transaction cost sectors and economies such as the newly emerging markets in Eastern Europe, public property is a cheaper way of organizing economic activities, as it can save on transaction costs. The paper demonstrates these virtues of public ownership in relation to market failure, the provision of public goods, natural monopolies and competitive industries with a high degree of market uncertainty, opportunism and asset specificity.

A qualitative paper discussing the advantages of public over private property in the presence of high-transaction costs.

Studying different types of market failure the paper finds that public property is advantageous to private in high-transaction cost systems.

Since most of the standard literature emphasizes the advantages of private property, the paper gives an economic explanation to those of public property taking on a new institutional approach and conducting a transaction cost analysis.

This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”.

The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence.

The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test.

The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

The purpose of this paper is to report and comment on Northern Rock shareholders' challenge to basis of compensation in nationalisation considered in the High Court and Court of Appeal.

The paper outlines the facts surrounding the case and comments on the decisions.

The High Court, in a carefully reasoned judgement which reviewed relevant UK and European Court of Human Rights case law, rejected all the claimants' arguments for judicial review and the claimants appealed to the Court of Appeal.

Both the High Court and the Court of Appeal judgment provide a rare glimpse of the legal process examining the “lender of last resort” function of a central bank – a key technique of macro‐economic policy, the very delicacy and subtlety of which appear to defy ready legal definition.

This paper aims to explore the concept and spread of the five-foot way (5FW) as an aspect of urban design peculiar to Southeast Asia. It locates the 5FW as an aspect of planning law and property law that has been adapted culturally to provide a unique space for public–private interaction. The paper also explores, in a related context, conflicts over the appropriate use of 5FWs and the issue of regulating such use.

The approach adopted is to look at the development of the 5FW over the entire colonial period of Singapore, starting in 1819 up to the present day. Comparisons are drawn from other urban settlements over a similar period.

The paper finds that the 5FW, with its related device of the shophouse, provided a uniquely efficacious space for protection of the public from the elements and for public–private interaction. It finds that regulation of 5FWs should be undertaken with due regard both to public right of way and to the cultural element of making private use of the space.

The originality of the article lies in the fact that the 5FW has not been considered as an artefact of legal culture in addition to being an artefact of urban design.

In April 1988, the National Reference Center for Bioethics Literature (NRC) (see sidebar) published “AIDS: Law, Ethics and Public Policy.” As part of the NRC's Scope Note Series, the paper offered a current overview of issues and viewpoints related to AIDS and ethics. Not meant to be a comprehensive review of all AIDS literature, it contained selected citations referring to facts, opinion, and legal precedents, as well as a discussion of different ethical aspects surrounding AIDS. Updating the earlier work, this bibliography provides ethical citations from literature published from 1988 to the present.

The purpose of this paper is to examine the extent to which financial privacy is present and necessary in dealings between banks and clients in China.

This paper provides a comparative study drawing, in particular, on developments in the USA.

It is a trend in legislation in the western developed countries that the right to privacy is taken seriously and private information in the financial activities is protected by law. The legislation in the USA is typically systematic and complete. The fact that financial privacy protection is sparsely stipulated in finance or administrative laws but the protection of privacy has yet not been systematically written into law in China so far, which is inconsistent with the current situations of the financial industry. China should deal with the relationship between banks and clients, administrative power and personal rights, judicial interpretation and legislation from the aspect of financial practice, so as to set up the legal system to protect financial privacy by learning from the legislation in the USA based on the national conditions.

The paper provides a systematic view of the value of financial privacy in the modern world, with recommendations for reform in China.

Central clearing counterparties’ (CCPs) specific loss allocation mechanism is reflected in the specific resolution regime designed at the international level. At the same time, international guidance texts require equity to bear losses first in resolution. This creates a tension that immediately exposes resolution authorities to potential claims from CCPs’ shareholders. The purpose of this paper is to seek possible options to solve that tension, thereby enabling a workable and credible resolution regime for CCPs.

The paper analyses the current tension between the no creditor worse-off (NCWO) counterfactual for CCPs and the “equity bears first losses in resolution” principle. It then considers six different options to solve this tension, ranging from a revision of insolvency law to the modification of the loss-allocation structure.

The paper concludes that additional layers of capital contribution, adapting the contractual arrangements or articles of incorporation and/or the creation of a specific NCWO counterfactual for shareholders could help in solving the identified tension.

The paper presents options on how to design a workable and credible resolution regime for CCPs that would enable resolution authorities to exercise their powers and have the flexibility to intervene at an early stage in recovery to prevent the exhaustion of available financial resources, without being unduly exposed to claims.

The paper contributes to the literature on CCP resolution. It is one of the first to analyse the articulation between the loss-allocation structure of CCPs, the NCWO principle and shareholders’ rights. We hope that this paper will encourage further literature to develop on this important subject.

The aim of this paper is to explain how the globalisation of services can be limited or enhanced by societal effects.

This analysis is based on a single case study. The authors use a qualitative and longitudinal approach, with in‐depth interviews and archives collected during a six‐year period of participant observation inside the firm.

The authors argue that societal dimensions are at play in the evolution of services activities, and that their influence is especially strong in ex‐public services monopolies. They illustrate the limits of strategic change due to the specific dynamics of societal effects. The authors first look at the evolution of strategic fit before and after multiple changes in La Poste. They then identify different types of reactions at local level. They conclude by insisting on the enduring influence of social patterns and traditions on the adoption of new technologies and modes of organisation.

The main limitation of this research is that a more thorough comparison with other European national leaders in postal services would have helped strengthen this analysis.

A first practical implication for services firms is that societal changes should be greatly considered in their globalisation process and that societal changes are often underestimated. Another practical implication is that a globalisation of services process must certainly be situated at a global level based on national and local specificities built in time.

While comparative studies on international management have often focused on the different modes of organisation depending on culture and institutions, the impact of globalisation on services have been left relatively under‐explored. This paper takes the example of the service industry to show that cultural reasons are not sufficient to explain why the internationalisation of services may encounter difficulties. Other factors such as societal effect should be included.

This paper aims to trace the genealogy of state violence on Palm Island to argue forms of “colonial” control over Indigenous governance and organisational life persist in Australia. Using Agamben's theories of homo sacer, sovereign power and state of exception, the paper seeks to reveal the biopolitical nature of two centuries of abuses against Indigenous Australians. Arguably, past and recent tragedies on Palm Island show how juridico‐political regimes continue to subvert the citizenship and human rights of many Indigenous Australians – their sovereignty, governance structures and organisations. The purpose of the paper is to develop a greater focus in postcolonial writing on current political issues, by combining critical theory with grounded narratives of lived experiences and contemporary events.

Insights from political theorist Agamben are used to critically analyse the management of violence on Palm Island. The paper draws on documents from the public record, such as historical accounts, legislation, parliamentary Hansard and records of government inquiries, as well as first hand media commentaries of recent events. These textual data form the empirical and evidentiary base from which broader theoretical conceptualisations of this case are discussed.

The paper finds the lingering effects of past exclusion/s are inscribed in the discursive environment and continue to animate the power relations that effect the life and death experiences of Indigenous Australians today. It finds utility and relevance in applying Agamben's theories of the camp, state of exception and homo sacer, to extend postcolonial understandings of contemporary Indigenous contexts. The legitimacy and derivative power of organizations is compromised during times of “exception” and this raises important theoretical issues worthy of further exploration from both a critical management studies and postcolonial perspective.

This paper applies Agamben's theories in an original way to the postcolonial context. It extends theoretical understandings of racial oppressions and organisational consequences.