Editorial
| DOI | https://doi.org/10.1108/JPPEL-10-2018-043 |
| Pages | 170-171 |
| Published date | 21 December 2018 |
| Date | 21 December 2018 |
| Author | Julie Adshead |
| Subject Matter | Building & construction,Building & construction law,Property management & built environment |
Editorial
The final issue of the Journal’s re-launch volume sees an interesting mix of papers and
viewpoints, once again spanning the disciplines we have seen represented in the earlier
issues. It is pleasing to see contributions from a range of jurisdictions along with a very
pertinent viewpointfrom the European Union’s perspective.
Caballe Fabra provides an interestingexamination of the concept of the “condohotel”.As
its name suggests, this is an arrangementthat combines the features of a condominium and
a hotel. While condohotels have become established in countries such as France, Australia,
the USA and some states of Latin America,they have seen limited success in Spain. Caballe
Fabra considers the legal arrangements for condohotels in the Spanish regions and their
limitations. She concludes that lack of comprehensive regulation in place causes legal
uncertainty and opens the arrangement up to abuse (particularly on the part of the hotel
companies).
In the second paper, Smart and Burgos take a human rights perspective in analysing
the provision of adequate housing in Chile. In so doing, the authors adopt the
framework developed by the Special Rapporteur on Extreme Poverty and Human
Rights (Philip Alston). This involves an investigation of recognition,
institutionalisation and accountability of the specific right in question. Using this
framework, Smart and Burgos provide a systematic analysis of both international
obligations and internal Chilean law and policy. They conclude that there is limited
recognition of international instruments establishing the right to adequate housing in
the local legal framework, although there have been important steps taken in promoting
these in housing policies. Further, despite institutional developments, the fundamental
lack of recognition of a human rights approach to adequate housing in Chile results in
lack of justiciability at all levels.
Charlson reflects on a projectto investigate the environmental law issues involved in the
regeneration and re-use of brownfield land. The main focus of the paper is upon the
contaminated land regime, but Charlsonalso considers the challenges raised in this context
from waste management and water pollution provisions, as well as the requirement of
environmental impact assessment. The project looked particularly at the use of brownfield
land for housing in the West Midlands region of the UK and the politicalagenda and policy
priorities if this region forms the backdrop. A focus group approach was taken, and some
very interesting resultsemerged from the three groups. In particular, uncertainty aroundthe
legal regime for contaminatedland and the risks involved for developers were key concerns
along with financial riskand lack of funding.
Sielker’s very timelyviewpoint piece considers an important proposal from the European
Commission to overcome legal and administrative obstacles in cross-border regions. The
proposed regulation could have significant impacts upon cross-border infrastructure and
construction projects.The regulation will allow for the application of a legal provisionof one
member state in another forthe purposes of a specific project. Sielker notes that this is a far-
reaching proposal, as it touches on fundamental issues such as territoriality, subsidiarity
and the rule of law. The paper examines the viewpoints of stakeholder groups and
anticipates positions in the upcoming negotiations. Sielker concludes that the proposal goes
beyond the mainstream understanding of Cohesion Policy and, furthermore, that the
voluntary nature of the regulationis open to question. This latter feature, she argues, will be
crucial in determiningcompliance with EU and member state law.
JPPEL
10,3
170
Journalof Property, Planning and
EnvironmentalLaw
Vol.10 No. 3, 2018
pp. 170-171
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-10-2018-043
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