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Christopher R Rossi - One of the best experts on this subject based on the ideXlab platform.

  • jura novit curia Condominium in the gulf of fonseca and the local illusion of a pluri state bay
    Social Science Research Network, 2016
    Co-Authors: Christopher R Rossi
    Abstract:

    In 1992, the Chamber of the International Court of Justice affirmed a joint ownership agreement over a body of water known as the Gulf of Fonseca. The three states adjoining the Pacific Ocean shores of the Gulf of Fonseca – El Salvador, Honduras, and Nicaragua -- were declared joint sovereigns over the water. The decision affirmed a ruling of the 1917 Central American Court of Justice and gave renewed prominence to the concept of Condominium arrangements in international law. This paper critically analyzes the bases for both Courts’ decisions in light of the factual and historical circumstances (effectivites) that the Chamber uncovered and applied to what it declared to be a sui generis circumstance. Drawing from references to uti possidetis, and mindful of the belligerent pre and post-colonial histories of the states assigned this shared sovereignty, this paper suggests the application of Condominium was judicially constructed. The Condominium arrangement’s uneasy reception among the three states continues to date and has complicated the administration of justice by courts and tribunals in ways not fully apparent. The Condominium concept as applied to the Gulf of Fonseca calls into question the proper role of decision makers in the pacific settlement of disputes.

  • jura novit curia Condominium in the gulf of fonseca and the local illusion of a pluri state bay
    Houston Journal of International Law, 2015
    Co-Authors: Christopher R Rossi
    Abstract:

    I. INTRODUCTION II. CONDOMINIA IN INTERNATIONAL LAW III. THE HISTORICAL SETTING A. Pre-Independence: 1522-1821 B. Post-Independence: 1821-1917 IV. Condominium AND OUTSIDE INTERESTS; Condominium AND HARMONY OF INTERESTS V. THE BRYAN-CHAMORRO TREATY AND ITS AFTERMATH VI. THE 1917 DECISION OF THE CACJ AND ITS AFTERMATH VII. CONCLUSIONS I. INTRODUCTION The concept of sovereignty as an indivisible building block of the state system dates to the Peace of Westphalia in 1648. (1) A doctrinal formulation introduced earlier by Jean Bodin (1530-1596) (2) distilled to the "absolute, and perpetual power" of an individual to rule over subjects and territory. (3) This personification of the individual as ruler found artistic and iconic expression on the copper-plate engraving adorning the title page of the first English language edition of Hobbes' Leviathan (1651). (4) The inscription at the top of the copper-plate, serving as the motto of the sovereign, derives from the Book of Job (41:33): Non est potestas super terram quae compareteur ei: "Upon earth, there is not his like." The uniqueness of the sovereign, the magnus homo, (5) meant he had no earthly counterpart with whom to divide or share power; as French king Louis XIV (1638-1715) purportedly quipped, "L'Etat c'est moi." (6) Carl Schmitt, Hobbes' twentieth century admirer, interpreted the Leviathan engraving as contributing powerfully to the evocative effect of the book, (7) and doubtless, to the enduring significance of the concept of undivided sovereignty. Few concepts in international law have endured as long or have been subject to as much scrutiny and diatribe. (8) In an age where this "dogma of sovereignty" still influences international legal discussion, (9) how curious is it to consider the prospect of an amalgam of sovereignties presiding indivisibly over joint property, where states are granted a jus prohibendi, enjoining "one joint owner from doing anything" harmful to the interests of other socii (associates)? (10) And how more curious is it to consider the extension of this essentially territorial concept seaward, to a realm once thought by Hugo Grotius (1583-1645) so immense it could never be possessed? (11) Analogized from private property concepts of Roman law (pro indiviso communis), (12) these curious adaptations resulted not by international agreement among states, but by the judgment of the Chamber of the International Court of Justice (ICJ) in the historically complicated case involving the Gulf of Fonseca and the 1992 Land, Island and Maritime Frontier Dispute Between El Salvador and Honduras, with Nicaragua Intervening (Gulf of Fonseca case). (13) There, the Chamber gave juridical expression to the pelagic adaptation of the concept of Condominium. (14) This Article investigates the legal and historical bases for this application of Condominium, which found expression in the Chamber's determination that the maritime space in dispute--the Gulf of Fonseca--constitutes "a Condominium" of "co-ownership"; (15) not simply of "an historic bay" (16)--but of "an enclosed pluri-State bay"; (17) it characterized the Gulf as a "closed sea" (18)--but "subject to a joint sovereignty of ... three coastal states," (19) having "internal waters"--but "subject to a special and particular regime not only of [threefold] (20) joint sovereignty but of rights of passage." (21) In judicial administration, the presumption of jura novit curia reigns: "The court knows the law," which it may apply ex officio, that is, independent of the legal arguments of the parties in dispute. (22) But in this case, did the Chamber know its facts? And after wending its way through land, island, and maritime geo-space regimes, involving by its own estimation "a kind of bay for which ... there are notoriously no agreed and codified rules," (23) where did the Chamber find this curious law about sharing sovereignty? II. CONDOMINIA IN INTERNATIONAL LAW Condominium arrangements arise when two or more states exercise joint sovereignty over a territory. …

Michael Duncan - One of the best experts on this subject based on the ideXlab platform.

  • the impact of transit oriented development on housing prices in san diego ca
    Urban Studies, 2011
    Co-Authors: Michael Duncan
    Abstract:

    This research measures the influence of transit-oriented development (TOD) on the San Diego, CA, Condominium market. Many view TOD as a key element in creating a less auto dependent and more sustainable transport system. Price premiums indicate a potential for a market-driven expansion of TOD inventory. A hedonic price model is estimated to isolate statistically the effect of TOD. This includes interaction terms between station distance and various measures of pedestrian orientation. The resulting model shows that station proximity has a significantly stronger impact when coupled with a pedestrian-oriented environment. Conversely, station area Condominiums in more auto-oriented environments may sell at a discount. This indicates that TOD has a synergistic value greater than the sum of its parts. It also implies a healthy demand for more TOD housing in San Diego.

  • comparing rail transit capitalization benefits for single family and Condominium units in san diego california
    Transportation Research Record, 2008
    Co-Authors: Michael Duncan
    Abstract:

    This research analyzes and compares the effects that rail transit stations have on values of Condominiums and single-family homes in San Diego, California. It is hypothesized that households on the market for a Condominium will value proximity to rail stations more than those on the market for a single-family home will and therefore the capitalization benefits are greater for Condominiums. Past research has shown that property near rail stations sells at a modest premium (between 0% and 10%) in many U.S. cities. However, most of these studies focus on single-family homes. The hedonic price analysis presented in this paper indicates that Condominiums receive capitalization benefits in excess of 10%, whereas the benefits received by single-family properties fall within the more typical range (<10%).

Douglas C Harris - One of the best experts on this subject based on the ideXlab platform.

  • Condominium government and the right to live in the city
    Social Science Research Network, 2019
    Co-Authors: Douglas C Harris
    Abstract:

    Condominium is an architecture of land ownership that produces separate, privately owned units within multi-unit developments. Condominium also constructs a form of private, democratic government, described as a fourth order of government, that acts beneath federal and provincial governments, and alongside municipal government, to govern owners and their property. This article considers a conflict between residential-unit owners and a commercial-unit owner within a Condominium development in Vancouver’s Downtown Eastside. Drawing from material produced in litigation, the article situates the dispute within its property and urban contexts to argue that Condominium government requires attention, and not just for its impact on owners, or even residents within, but also because cities must now account for, work alongside, and, in some circumstances, contend with these rapidly proliferating sites of government that are helping to shape who has the right to live in the city.

  • anti social behaviour expulsion from Condominium and the reconstruction of ownership
    Osgoode Hall Law Journal, 2016
    Co-Authors: Douglas C Harris
    Abstract:

    Statutory Condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within Condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within Condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside Condominium such that owners could not be evicted from and forced to sell their property because of anti-social behaviour. In most of these cases, some form of mental disorder appears to be a contributing factor in the anti-social behaviour that leads to eviction and forced sale. The article then argues that these cases are not only reconstructing ownership, but also redistributing property. This is because, while the eviction and sale orders diminish the security of property for some, they enhance ownership for a great many more by providing a remedy — the physical and legal expulsion of an owner for chronic anti-social behaviour — that is not available to those outside Condominium. Finally, the article argues that the judicial willingness to reconstruct ownership is a function, at least in part, of the spatial reorganization of owners. What it means to be an owner of land emerged from a context where owners were dispersed over the surface of the earth. Under statutory Condominium regimes, owners can now be stacked in a vertical column many stories high. The article concludes by asking whether the judicial reconstruction of ownership is an appropriate response to the spatial reorganization of owners and the resulting challenges posed by chronic anti-social behaviour when the behaviour is frequently attributable, at least in part, to some form of mental disorder.

  • dissolving Condominium private takings and the nature of property
    Social Science Research Network, 2015
    Co-Authors: Douglas C Harris, Nicole Gilewicz
    Abstract:

    Condominium enables the subdivision of buildings into multiple private titles. It does so by combining individual titles with an undivided share of common property, a right to participate in governing the property, and an obligation to contribute to its maintenance. The dissolution of Condominium breaks apart this package of rights and responsibilities, and results in the termination of the individual titles. Some common law jurisdictions require the unanimous consent of title holders to dissolve Condominium, others permit it with a supermajority vote. All jurisdictions allow for non-consensual dissolution, and thus the termination of titles without consent, with a court order.This paper reviews dissolution rules and reform efforts in several common law jurisdictions and then uses the Condominium legislation and case law from British Columbia to argue that non-consensual dissolution of Condominium, whether by supermajority vote or court order, should be understood as private takings. However, the purpose of this characterization is not to advocate for a unanimity or a supermajority rule. Instead, this paper uses the takings literature to reveal that the legislative choice between dissolution rules, and the judicial choice between ordering or declining to order the dissolution of Condominium, is also a choice between different conceptions of property and of what property is for. Finally, the paper argues that the growing prevalence of Condominium as a form of ownership, and its capacity to reflect broader tensions in ownership regimes between individual and community, suggest that the nature of property within Condominium is increasingly important in constructing the nature of property in land.

  • Condominium and the city the rise of property in vancouver
    Social Science Research Network, 2011
    Co-Authors: Douglas C Harris
    Abstract:

    Condominium is a form of land ownership that combines private ownership of an individual unit in a multi-unit building with an undivided share of the common property in the building and a right to participate in the collective governance of the private and common property. Introduced by statute across North America in the 1960s, Condominium facilitated the vertical subdivision of land and enabled a massive increase in the density of private interests. This article describes Condominium and considers the justifications that were offered for this rearrangement of property. It then chronicles the introduction of Condominium to the city of Vancouver and maps its spread across the city from 1970 to 2010. In doing so, the article reveals that Condominium, a legal innovation without peer in its capacity to increase the density of private ownership in land, has provided the legal architecture of ownership for the remaking of Vancouver.

W T L Fernando - One of the best experts on this subject based on the ideXlab platform.

  • study on demographic background of potential buyers with reference to luxury Condominium apartments in colombo
    Social Science Research Network, 2016
    Co-Authors: M S L Silva, W T L Fernando
    Abstract:

    Purchasing a home is considered as the largest investment done in one's life and would be a long-time commitment. In order to understand the house purchase decision; it is important to identify house buyers’ demographic factors such as age, household composition, income etc. Such factors will initially influence buyers’ decision to buy a house. By understanding the demographic background of buyers’ real demand in the market for luxury Condominiums could be identified by the developers. As well as luxury Condominium is a type of product which is affordable to a very limited number of buyers as the price levels of the product is very high. So, real estate marketers and sales personals find it very difficult to find the prospective buyers for these apartments as there are no evidence about the demographic background of the people who demand these luxury Condominiums. But if this information is available for them they would have a clear idea about the target group of the buyers so that they can do their particular marketing and promotional campaigns specially targeting them which will result in increased number of sales. Hence, the objective of this study is to identify the demographic background of potential buyers of luxury Condominium apartments in Colombo. The population of the study is potential buyers who demand luxury Condominium apartments in Colombo. The sampling method was judgmental sampling and the sample was considered as potential buyers who visited Astoria Condominium apartment. Data was collected using questionnaire survey method and data analysis was done using SPSS software. House buying decision is a collective family decision even though the first phase of information collection and final phase of decision process dealing with payments and company is mostly done by males. It shows that mostly the purchase decision is a collective decision done with their family members. Major age categories of buyers are from 30-50 years which confirms that this is the age that potential buyers make their purchase decision. Most of the respondents are Sri Lankans while there is a mix of other nationalities, and a higher portion of Sri Lankan potential buyers are living abroad. Majority of buyers’ income lays in between (LKR) 1-5 million. Further, the majority of the respondents are well educated and are business owners while average household size of these respondents was 4 members.

  • study on demographic background of potential buyers with reference to luxury Condominium apartments in colombo
    Proceedings of International Conference on Business Management, 2016
    Co-Authors: M S L Silva, W T L Fernando
    Abstract:

    Abstract Purchasing a home is considered as the largest investment done in one's life and would be a long-time commitment. In order to understand the house purchase decision; it is important to identify house buyers’ demographic factors such as age, household composition, income etc. Such factors will initially influence buyers’ decision to buy a house. By understanding the demographic background of buyers’ real demand in the market for luxury Condominiums could be identified by the developers. As well as luxury Condominium is a type of product which is affordable to a very limited number of buyers as the price levels of the product is very high. So, real estate marketers and sales personals find it very difficult to find the prospective buyers for these apartments as there are no evidence about the demographic background of the people who demand these luxury Condominiums. But if this information is available for them they would have a clear idea about the target group of the buyers so that they can do their particular marketing and promotional campaigns specially targeting them which will result in increased number of sales. Hence, the objective of this study is to identify the demographic background of potential buyers of luxury Condominium apartments in Colombo. The population of the study is potential buyers who demand luxury Condominium apartments in Colombo. The sampling method was judgmental sampling and the sample was considered as potential buyers who visited Astoria Condominium apartment. Data was collected using questionnaire survey method and data analysis was done using SPSS software. House buying decision is a collective family decision even though the first phase of information collection and final phase of decision process dealing with payments and company is mostly done by males. It shows that mostly the purchase decision is a collective decision done with their family members. Major age categories of buyers are from30-50 years which confirms that this is the age that potential buyers make their purchase decision. Most of the respondents are Sri Lankans while there is a mix of other nationalities, and a higher portion of Sri Lankan potential buyers are living abroad. Majority of buyers’ income lays in between (LKR) 1-5 million. Further, the majority of the respondents are well educated and are business owners while average household size of these respondents was 4 members. Keywords: Demography, Potential buyers, Luxury Condominium

Yunchien Chang - One of the best experts on this subject based on the ideXlab platform.

  • Condominium law in taiwan doctrinal overview under the lens of information cost theory
    Social Science Research Network, 2016
    Co-Authors: Yunchien Chang
    Abstract:

    This article describes the law relating to Condominiums (‘Condominium law’) in Taiwan, a densely populated country with many people residing in apartments. The Condominium Administration Act and Taiwan Civil Code are the major sources of the law, in addition to various land use regulations and court precedents. Several features and problems stand out among the intricate web of Condominium law. First, the law gives Condominium bylaws spacious room to supersede the default rules set by statutes, yet Condominium bylaws are merely available upon request and need not be registered. Second, since day one it has been unclear whether a Condominium association (or a Condominium board) has juridical personality and who owns the common fund. Courts and scholars still differ as to what the judicial and legislative solutions are. Third, apartment owners and Condominium boards have used courts as a viable dispute-resolution mechanism. Condominium boards have successfully evicted unneighbourly inhabitants and have even forced uncooperative apartment owners to sell their titles. Apartment owners, on the other hand, have persuaded courts to vacate unfair Condominium bylaws.

  • Condominium law in taiwan doctrinal overview under the lens of information cost theory
    Asia Pacific Law Review, 2015
    Co-Authors: Yunchien Chang
    Abstract:

    (ProQuest: ... denotes non-US-ASCII text omitted.)I. IntroductionBefore I built a wall I'd ask to know,What I was walling in or walling out,And to whom I was like to give offense.- Mending Wall by Robert Frost1In Mending Wall, American poet Robert Frost muses whether 'good fences make good neighbors'. Fences can be a concrete separator as well as a metaphor for law. Frost is a maestro in depicting rural life, yet his insight also applies to life in big cities, where most people live in common-interest communities. This article summarises the Condominium law in Taiwan. While it is beyond the capacity of this article to answer Frost's fundamental question - whether good fences/laws make good neighbours, hopefully, readers of this article will come away with a good idea of what the fences/laws are like in Taiwan.This article aims to give a comprehensive overview of Condominium law in Taiwan. Introduced below is the historical development, doctrinal basis, key concepts and scope of the law. Also covered are limitations on the sale and lease of apartments (before or after construction of buildings is finished); the formula for calculating co-ownership shares; quorum rules and the procedure for owners' meetings; and apartment owners' and inhabitants' financial and social obligations. The role of bylaws, the dispute-resolution mechanism and the management of daily matters are also discussed. More ink will be spilt on the two major controversies: first, the source and ownership of the common fund; and second, whether the Condominium board and the Condominium association have or should have juridical personality. This article concludes after a short overview of the recent developments in Condominium law in Taiwan.This article draws on legal sources from all three branches of the government. The Condominium Administration Act of Taiwan (...; 'the CAA') and the Taiwan Civil Code (... 'the TCC'), enacted by the legislature, are the major sources of law restated below. Various land use and building regulations, stipulated by administrative agencies (mainly the Ministry of the Interior ...), and dozens of court decisions (ranging from those rendered by the court of the first instance to those by the Supreme Court) are also cited. The official language in Taiwan is Chinese. All statutes and regulations are thus enacted in Chinese. The Ministry of Justice (...) put English translations of certain important statutes and regulations on its website.2 In this article, the author re-writes the 'official' English translations of the statutes for the sake of clarity.II. Background and the BasicA. Historical developmentThe Condominium form has been recognised by law as early as 1930, when the TCC went into effect. The TCC of 1930, however, contained only two articles regarding Condominium form (TCC, sections 799-800), which were insufficient to delineate the rights and duties of residents in apartment buildings.3 In 1987, the central competent authority (...), the Ministry of the Interior, drafted a bill on Condominium form (...), but the bill did not become a statute. In 1992, the Ministry of the Interior announced the administrative rule 'Rule on Maintaining Safety in Condominium and Common-interest Community' (...), as criminals were found hiding in apartment buildings.4 In 1989, the Ministry of the Interior commissioned two famous scholars and a justice of the Constitutional Court to draft a new bill on Condominium form.5 After an amendment by the legal task force at the Ministry of the Interior, the bill was sent to the Legislative Yuan, which passed the CAA after a couple of revisions in 1995. To date, the CAA is still the major source of Condominium stipulations and the CAA is often described as 'the constitution for residential housing' (...).Another wave of improvement in Condominium law came in 2009, when the TCC was amended. Section 799 of the TCC was expanded, but the new stipulations are only a summary of the most important definitions already existent in the CAA. …