| 1. |
- Sandin, Per, et al.
(författare)
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Technology neutrality and regulation of agricultural biotechnology
- 2018
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Ingår i: Professionals in food chains: ethics, rules and responsibility. EurSafe 2018, Vienna, Austria 13 – 16 June 2018 / edited by: Svenja Springer, Herwig Grimm. - Wageningen, Netherlands : Wageningen Academic Publishers. - 9789086863211
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Konferensbidrag (refereegranskat)abstract
- Agricultural biotechnology, in particular genetically modified organisms (GMOs), is subject to regulation in many areas of the world, not least in the European Union (EU). A number of authors have argued that those regulatory processes are unfair, costly, and slow and that regulation therefore should move in the direction of increased ‘technology neutrality’. The issue is becoming more pressing, especially since new biotechnologies such as CRISPR increasingly blur the regulatory distinction between GMOs and non-GMOs. This paper offers a definition of technology neutrality, uses the EU GMO regulation as a starting point for exploring technology neutrality, and presents distinctions between variants of the call for technology neutral GMO regulation in the EU.
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| 3. |
- Çağdaş, Volkan, et al.
(författare)
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Co-ownership shares in condominiums – A comparison across jurisdictions and standards : Long version
- 2018
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Ingår i: 6th International FIG 3D Cadastre Workshop. - Copenhagen : International Federation of Surveyors, FIG. - 9788792853806 - 9788792853813
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Condominium is one of the prevalent forms of three-dimensional (3D) property rights (Paulsson, 2007, p. 32). The condominium concept common to a number of jurisdictions consists of three elements: (a) individual ownership of an apartment, (b) co-ownership (joint ownership) of the land and the common parts of the building, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares of condominium unit owners in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. The co-ownership share determines the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57-58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2016; 2015; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the technical and procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This paper aims to compare methods and procedures applied for the allotment of co-ownership shares of condominium systems in the following seven jurisdictions; Denmark, Germany, South Africa, Sweden, Switzerland, the Netherlands, and Turkey. Also, international geographic information standards (i.e. ISO LADM, OGC LandInfra/InfraGML) are analyzed to assess the extent to which they facilitate allocation of co-ownership shares. The main purpose is to clarify the legal provisions and methodologies related to the determination of co-ownership shares in national condominium systems and bring new insights to countries, which are trying to revise their national provisions for fairer implementations.
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| 4. |
- Edvardsson Björnberg, Karin, et al.
(författare)
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12. What are the prospects for using the ‘opt-out mechanism’ of Directive (EU) 2015/412 based on ethical or religious grounds?
- 2019
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Ingår i: Sustainable governance and management of food systems. - The Netherlands : Wageningen Academic Publishers. - 9789086868926 - 9789086863419 ; , s. 95-100
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Konferensbidrag (refereegranskat)abstract
- In 2015, Directive (EU) 2015/412 was introduced into the European Union GMO regulatory framework. Article 26b(3) of the directive, now incorporated into Directive 2001/18/EC, gives the EU member states a possibility to restrict the cultivation of already authorized GMOs within their territories under certain conditions. The measures must be in conformity with Union law, reasoned, proportional and non-discriminatory, and they must be based on so-called ‘compelling grounds’. The amendment directive spells out a number of such grounds, including environmental or agricultural policy objectives and socioeconomic impacts. However, the list of compelling grounds is non-exhaustive, which opens up for other possible grounds for territorial restrictions, such as religious or ethical grounds. In this paper, we explore how a possible case for territorial restriction based on ethical or religious grounds could be constructed. We comment briefly on the prospects of getting such as case accepted by the CJEU, bearing in mind the Court’s ruling in case C-165/08 (Commission v Poland).
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| 5. |
- Ekbäck, Peter, 1961-, et al.
(författare)
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A Digitalized Property Formation Process? : Comparative study of legal qualifications in Finland and Sweden
- 2020
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Ingår i: Methods and Concepts of Land Management. - : European Academy of Land Use and Development. ; , s. 73-91
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Konferensbidrag (refereegranskat)abstract
- Digitalization and automation of different elements of the land development process are frequent and highlighted phenomena in both Finland and Sweden. Several projects focus on standardization of spatial data, electronic transactions of real property, physical plans in digital format, etc. The focus of most projects is on technical and organizational aspects of these potential developments. Legal features do occur, but are mostly devoted to protection of personal data and privacy. The emphasis in this study is on legal structures and relationships in real property law, applicable in property formation processes. The objective is to compare the legal system for property formation in Finland and Sweden concerning potentials and obstructions for digi-talization and automation of the legal process for examination and adjudication. Apart from some minor obstacles, the findings indicate that the Swedish legal system for property for-mation, to a larger degree, suffers from a complex interconnection between the legislation on real property formation and the public regulation of permitted land uses. This intercon-nection is not present in all processes in the Finnish system, which will simplify the road towards digitalization of the property formation process in Finland.
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| 6. |
- Ekbäck, Peter, 1961-, et al.
(författare)
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A Return to Prejudicial Effects from Time-Consuming Planning Processes : Municipal planning and the ghost town case of Folkesta
- 2020
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Ingår i: Methods and Concepts of Land Management. - : European Academy of Land Use and Development. ; , s. 119-129
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Konferensbidrag (refereegranskat)abstract
- In the 2009 EALD Symposium, a presentation and succeeding publication (Ekbäck and Kalbro 2011), identified situations where negative value effects for property owners, gener-ated by time-consuming infrastructure planning processes, were in conflict with Sweden’s commitments under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The publication ultimately triggered amendments in the legislation on planning, acquisition and compensation for national roads and railroads. In the present paper, new situations are identified where again the Convention’s articles for protection of property and the right to a fair trial may be violated. The topic analysed and discussed concerns municipal planning for development of the built environment, resulting in planning blight, i.e. a reduction of property values in a particular area resulting from expected or possible future development or restriction of development. The particulars of a case study are compared to the standard planning model and the generic situation where the proposed land use leads to a local depreciation of property values compared to current land use.
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| 10. |
- Ekbäck, Peter, 1961-
(författare)
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Institutional Transitions in the Land Development Domain : An inquiry into the nature of legal reforms – efficiency enhancing or redistributive?
- 2024
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Ingår i: Sustainable and Equitable Land Management.. - Zürich : vdf Hochschulverlag AG an der ETH Zurich. ; , s. 61-82
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Konferensbidrag (refereegranskat)abstract
- Land development involves many different assessments, decisions and judgements, and the institutional designs of these rules of procedure exhibit a variation of different structures. During legislative processes it is often stated by the law-making bodies that efficiency is an important aim and motive in the establishment of new or revised review procedures. Prevalent theoretical models concerning institutional development and change can, however, be classified into two opposing traditions depending on whether they perceive legislation as allocative (value-enhancing) or redistributive in nature.The aim of this article is to present some existing theories on institutional development and by two case studies, concerning legal reforms in Swedish legislation on land development, evaluate the explanatory and predictive capacity of these theories. The results and analysis indicate that both theoretical traditions have explanatory value and that the concept of path dependence is an important complementary factor.
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