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Full-Text Articles in Law
The Russian Title Registration System For Realty And Its Effect On Foreign Investors, Lev S. Batalov
The Russian Title Registration System For Realty And Its Effect On Foreign Investors, Lev S. Batalov
Washington Law Review
The recent privatization of real property is an important step in Russia's transition from a planned to market economy. This privatization creates opportunities for foreigners in the Russian realty market. However, foreigners are not likely to enter this market unless rights to immovable property are certain and secure. This Comment describes the new Russian immovable property Registration Law and argues that, despite its drawbacks, it creates a workable system that will provide certainty and security in rights to Russian immovable property. Furthermore, the Comment advises foreign investors on how to avoid potential problems the new law creates.
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman
Washington International Law Journal
This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan
Washington International Law Journal
As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey
Washington International Law Journal
In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence …
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Testing The Partnership Model Of Growth Management, Jeffrey Patterson
Washington International Law Journal
Three major events can be expected to influence land use and tenure in British Columbia, Canada, well into the future. A new Forest Practices Code and harvesting regulations and settlement of aboriginal land claims will profoundly affect B.C.'s rural and wilderness landscape. A third initiative, a growth management strategy act adopted by the B.C. legislature in 1995 will, however, potentially have a major impact on the urban landscape that most British Columbians experience in their daily lives. Its objective is the promotion of human settlements that are socially, economically and environmentally halthy. This paper explores the particular geographic and political …
Riss V. Angel: Washington Remodels The Framework For Interpreting Restrictive Covenants, Casey J. Little
Riss V. Angel: Washington Remodels The Framework For Interpreting Restrictive Covenants, Casey J. Little
Washington Law Review
In Riss v. Angel, the Supreme Court of Washington declared that in disputes between subdivision homeowners, courts must construe restrictive covenants to give effect to the covenants' intended purposes by considering surrounding circumstances to protect the homeowners' collective interests. The court further held that when restrictive covenants grant discretion to architectural review committees (ARCs) to approve new construction or remodels, ARCs or other homeowners association committees that enforce such covenants must exercise their authority reasonably and in good faith. Riss represents a departure from prior precedent that required courts to construe strictly the terms of restrictive covenants to limit …