The legal framework for the Syrian urban reconstruction
| DOI | https://doi.org/10.1108/JPPEL-10-2020-0044 |
| Published date | 03 June 2021 |
| Date | 03 June 2021 |
| Pages | 203-217 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Antonio-Martín Porras-Gómez |
The legal framework for the
Syrian urban reconstruction
Antonio-Martín Porras-G
omez
Centro de Estudios Politicos y Constitucionales, Madrid, Spain
Abstract
Purpose –As the Syrian civil war winds down, the massive reconstruction of the devastated cities has
become a recurring subject of political and scientific discussions. A crucial question pervades all these
debates: is the current legalframework adequate for confronting the reconstruction challengesin an effective
way? With the purpose of understanding and informing the question, this study aims to analyze the most
importantlegal instrument for the Syrian urban reconstruction,Law 10/2018.
Design/methodology/approach –A functional analysis of the legal text and of its effective
implementationis provided. Following a doctrinal legal approach, internal inconsistenciesare highlighted, as
well as possible “legal gaps”that might allow and favor instances of disrespect of the rule of law and
regulatorycapture.
Findings –The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the
neoliberal trend inthe Syrian political economy underpins the legal frameworkfor the Syrian reconstruction.
Second, from a design perspective,that, while offering a strong mechanism fordisciplining the Syrian urban
planning, Law 10/2018 does not warranta scenario of respect of the rule of law and seems too easy prey for
regulatorycapture.
Originality/value –While the most recent and prominent legal instrument aimedto frame Syrian post-
war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have
focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most
worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is
something that has not been done yet, evenif, according to their own ontology, legal provisions have to be
understood within the context of the legal system they are inserted in. This paper delves into the subject,
analyzing the legal text, its juridical context and the way it has been interpreted by the administrative
decision-makerwhile looking at instances where the axiologicalgoals constitutionally proclaimed and legally
enshrinedmight be prevented by the very regulatory configuration.
Keywords Syria, Civil war, Rule of law, Informal housing, Land readjustment, Law 10/2018
Paper type Research paper
1. Introduction
The ongoing Syrian civil war has left a scenario of massive destruction with more than
600,000 damaged houses[1]. As the end of the conflict approaches, it becomes evident the
need to analyze the best ways to lay the ground for the successful reconstruction of this
devastated country.While the most recent and prominent legal instrumentaimed at framing
the post-war reconstruction,Law 10/2018, has been thoroughly discussed by policy-oriented
scholarship and has been subject to multiple critiques, these have focused almost
exclusively on its presumed warchitecturedimension (Unruh, 2016;Abu Ahmad, 2018). The
approach taken, thus far, lacks contextual depth and, most worryingly, ignores any kind of
doctrinal legal analysis. Setting Law 10/2018 in its legal milieu is something that has not
been done yet, even if, according to their own ontology, legal provisions have to be
understood within the context of the legal system they are inserted in. This article delves
into the subject, analyzing the legal text, its juridical context and the way it has been
interpreted by the administrative decision-makers while looking at instances where
Legal
framework
203
Received13 October 2020
Revised28 February 2021
Accepted23 March 2021
Journalof Property, Planning and
EnvironmentalLaw
Vol.13 No. 3, 2021
pp. 203-217
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-10-2020-0044
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