Amnon Lehavi - Böcker

While nations, societies, and individuals have always been engaged with both the tangible and intangible aspects of cultural objects, such as archaeological artifacts, artworks, and historical documents, the twenty-first century is seeing a significant shift in the law, ethics, and public policy that have long characterized this field. This book offers a comprehensive analysis of recent developments concerning cultural property. It identifies the underlying forces that drive these changes, focusing on the new political balance between source countries and market countries, the strengthening of cross-border lawmaking and law enforcement, the growing impact of provenance research and due diligence as legal, professional, and ethical norms, and the transformative role of digital databases. The book sets out normative principles for designing a better synergy of the hard law and soft law mechanisms that govern cultural property policy and markets. It proposes a property theory of ownership and custody of cultural objects and outlines a model of 'new cultural internationalism' to promote cross-border collaboration on cultural heritage, including new restitution frameworks.

While nations, societies, and individuals have always been engaged with both the tangible and intangible aspects of cultural objects, such as archaeological artifacts, artworks, and historical documents, the twenty-first century is seeing a significant shift in the law, ethics, and public policy that have long characterized this field. This book offers a comprehensive analysis of recent developments concerning cultural property. It identifies the underlying forces that drive these changes, focusing on the new political balance between source countries and market countries, the strengthening of cross-border lawmaking and law enforcement, the growing impact of provenance research and due diligence as legal, professional, and ethical norms, and the transformative role of digital databases. The book sets out normative principles for designing a better synergy of the hard law and soft law mechanisms that govern cultural property policy and markets. It proposes a property theory of ownership and custody of cultural objects and outlines a model of 'new cultural internationalism' to promote cross-border collaboration on cultural heritage, including new restitution frameworks.

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.

Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.

Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.

The book brings together an interdisciplinary collection of chapters that revolve around the potential influence of disruptive technologies on existing legal norms and the future development of real estate markets.The book is divided into five parts.

The book brings together an interdisciplinary collection of chapters that revolve around the potential influence of disruptive technologies on existing legal norms and the future development of real estate markets.The book is divided into five parts.

This book offers an interdisciplinary and comparative study of the complex interplay between private versus public forms of organization and governance in urban residential developments. Bringing together top experts from numerous disciplines, including law, economics, geography, political science, sociology, and planning, this book identifies the current trends in constructing the physical, economic, and social infrastructure of residential communities across the world. It challenges much of the conventional wisdom about the division of labor between market-driven private action and public policy in regulating residential developments and the urban space, and offers a new research agenda for dealing with the future of cities in the twenty-first century. It represents a unique ongoing academic dialogue between the members of an exceptional group of scholars, underscoring the essentially of an interdisciplinary and comparative approach to the study of private communities and urban governance. As such, the book will appeal to a broad audience consisting of policy-makers, practitioners, scholars, and students across the world, especially in developing countries and transitional and emerging economies.

This book reconsiders the fundamental principles of zoning and city planning over the course of the past one-hundred years, and the lessons that can be learned for the future of cities. Bringing together the contributions of leading scholars, representing diverse methodologies and academic disciplines, this book studies core questions about the functionality of cities and the goals that should be promoted via zoning and planning. It considers the increasing pace of urbanization and growth of mega cities in both developed and developing countries; changing concepts on the role of mixed-use and density zoning; new policies on inclusionary zoning as a way to facilitate urban justice and social mobility; and the effects of current macrophenomena, such as mass immigration and globalization, on the changing landscape of cities. The book’s twelve chapters are divided into four parts, each addressing different aspects of zoning and planning by combining theoretical analysis with a close observation of diverse case studies from North America and Europe to the Middle East and developing economies. Part I offers a critical analysis of the conventional account of zoning as a top-down form of land-use regulation starting with the 1916 NYC code. Part II studies how contemporary concepts of zoning, both substantive and procedural, impact the built environment across today’s cities. Part III revisits the economic foundations of zoning and urban policy in the context of domestic markets, as compared with the regulatory and market effects of interstate agreements on cross-border real estate investments. Part IV analyzes the dominant, yet often implicit social and political motives that are driving zoning policies across different countries. This volume’s focus on the ties between zoning policy and economics, politics, socioeconomic conditions, and the local-to-global scope of governance will appeal to scholars and students of political science,  economics, law, planning, sustainability, geography, sociology, and architecture, as well as policy-makers and practitioners, especially those in developing countries and transitional and emerging economies.

This book offers an interdisciplinary and comparative study of the complex interplay between private versus public forms of organization and governance in urban residential developments.