This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

The United States leads the world in the complexity of its regulatory takings law, the amount of academic writing devoted to the topic, and the intensity of the surrounding public debate. This is one of the (ancillary) findings of a large-scale comparative study of regulatory takings law. A look from the “outside” may shed light on American takings law and the “property rights” debate. An international looking glass can allow both sides in this debate either to fi nd alternative models to support their own position (with appropriate adjustments) or to develop middle-of-the road approaches towards a rapprochement in this longraging contest. In every country where land use regulations and development controls operate (the vast majority of countries today), they change the economic value of real property. The question addressed here focuses on the downwards effect -- what Americans call “regulatory takings.” Do landowners have a right to claim compensation or some other remedies from the planning authorities? This topic addresses an inherent raw nerve of planning law and practice, bearing deep economic, social and ethical implications. However, not in every country does the issue generate the same intensity of legal and public debate as it does in the United States. This article draws on the findings of comparative research encompassing thirteen countries around the world. Readers of this Festschrift, who are acquainted with American takings law, will be able to view it from this new perspective. A comparative perspective can help to create a sense of scale and proportionality that conventional domestic legal analysis cannot offer.

Encounters in Planning Thought builds on the intellectual legacy of spatial planning through essays by leading scholars from around the world, including John Friedmann, Peter Marcuse, Patsy Healey, Andreas Faludi, Judith Innes, Rachelle Alterman and many more. Each author provides a fascinating and inspiring unravelling of his or her own intellectual journey in the context of events, political and economic forces, and prevailing ideas and practices, as well as their own personal lives. This is crucial reading for those interested in spatial planning, including those studying the theory and history of spatial planning. Encounters in Planning Thought sets out a comprehensive, intellectual, institutional and practical agenda for the discipline of spatial planning as it heads towards its next half-century. Together, the essays form a solid base on which to understand the most salient elements to be taken forward by current and future generations of spatial planners.

Human well-being depends in many ways on maintaining the stock of natural resources which deliver the services from which human’s benefit. However, these resources and flows of services are increasingly threatened by unsustainable and competing land uses. Particular threats exist to those public goods whose values are not well-represented in markets or whose deterioration will only affect future generations. As market forces alone are not sufficient, effective means for local and regional planning are needed in order to safeguard scarce natural resources, coordinate land uses and create sustainable landscape structures. This book argues that a solution to such challenges in Europe can be found by merging the landscape planning tradition with ecosystem services concepts. Landscape planning has strengths in recognition of public benefits and implementation mechanisms, while the ecosystem services approach makes the connection between the status of natural assets and human well-being more explicit. It can also provide an economic perspective, focused on individual preferences and benefits, which helps validate the acceptability of environmental planning goals. Thus linking landscape planning and ecosystem services provides a two-way benefit, creating a usable science to meet the needs of local and regional decision making. The book is structured around the Driving forces-Pressures-States-Impacts-Responses framework, providing an introduction to relevant concepts, methodologies and techniques. It presents a new, ecosystem services-informed, approach to landscape planning that constitutes both a framework and toolbox for students and practitioners to address the environmental and landscape challenges of 21st century Europe.

The purpose of this book is to consider the neighbour conflict arising between airports and neighbouring owners of land, particularly with residential uses, as well as to assess the existing solutions applied to manage or resolve that conflict. The book explains why the neighbour conflict between the airport and landowners is of a particular kind and what legal instruments are applied to address it in an attempt to balance the interests of opposing parties. Readers will develop an understanding of how the law operates when damage is caused by a legal act of the government and what the limits of compensable loss are. In addition, the reader will discover the economic foundations of possible solutions and why not all market losses are legally compensable. Key features of this book include: a consideration of key legal concepts such as neighbour law, nuisance, protection of property, land use restrictions, liability, and compensation to inform a unique analysis of neighbour law in the context of conflict between airports and neighbouring landowners; practical guidance on an airport’s legal liability towards neighbouring landowners; a comparative analysis of airport’s liability, compensation claims, their scope and economic effects; a comparative overview of planning and environmental solutions applied in a variety of jurisdictions; a discussion of valuation methods and challenges when loss of property value is the measure of compensation. The Author’s intention is to promote conscious and civil relations among market participants, as opposed to opportunistic and speculative behaviour. This book is important reading for lawyers, academics, PhD students and postgraduate students dealing with land use regulations, environmental law, compulsory purchase, eminent domain and expropriation issues, compensation for property restrictions, as well as with aviation law and legal aspects of airport operations.

A Thousand Pieces of Paradise is an ecological history of property and a cultural history of rural ecosystems set in one of the Midwest’s most historically significant regions, the Kickapoo River Valley. Whether examining the national war on soil erosion, Amish migration, a Corps of Engineers dam project, or Native American land claims, Lynne Heasley traces the history of modern American property debates. Her book holds powerful lessons for rural communities seeking to reconcile competing values about land and their place in it.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the ‘clash of cultures’ between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.