Characteristics of developers and their relations to open space conservation

Developers are entrepreneurs that initiate and carry out land development projects. They play an active dominant and leading role in land use planning decisions, and are, therefore, expected to have a significant impact on patterns of development and open space conservation. The present study identified correlations between characteristics of developers and indicators of open space conservation, based on a random sample of 88 statutory land use plans in the Tel Aviv metropolitan region over the period 1990–1999. The variables used to describe characteristics of developers were of two kinds: direct variables including developer type and land ownership, and indirect proxy variables that represented typical entrepreneurial behaviors (profit seeking, risk taking and innovativeness) including: net residential density, open space per residential unit, spatial location of the plan area and the time lapse until plan approval. Indicators of conservation were: size of plan area, existing agricultural land within the plan, proposed open space and effective open space. We found that developer type and land ownership were connected mainly to plan size and existing agricultural land rate, both indicators of regional conservation potential, while variables representing profit seeking, risk taking and innovativeness were significantly connected to proposed and effective open space rates, which express the conservation level within plans.     

INSOL Europe's Proposals on Groups of Companies (in Cross‐Border Insolvency): A Critical Appraisal

International bodies have started addressing the problem of cross‐border insolvency of corporate groups fairly recently. The United Nations Commission on International Trade Law has adopted a set of recommendations and the European Commission may tackle the matter in the near future, in the process of revising the European Insolvency Regulation (the ‘Regulation’). It is, therefore, timely to evaluate major proposals for the Regulation's amendment regarding groups, suggested by INSOL Europe. The paper critically evaluates the proposals regarding coordination of group cases and the concept of substantive consolidation. This evaluation takes account of both the variety of possible group structures and the goals the insolvency regime would aim to achieve. Copyright © 2012 INSOL International and John Wiley & Sons, Ltd.     

Feasible Net Income Distributions under Income Tax Evasion: An Equilibrium Analysis

We investigate how redistribution of income is affected by the fact that income is privately observed and agents may not be truthful in their reports to tax authorities. In response, the government establishes an audit mechanism with penalties. Adhering to a signaling equilibrium concept, we prove that agents resort to mixed strategies, which makes it difficult for tax authorities to identify the true types. The audit strategy has a cutoff property: All income declarations below the pivotal income are audited with a constant probability; other declarations are not audited. In spite of not necessarily being truthful, agents whose true income is below or equal to the pivotal income pay their liability and, consequently, the government is implementing the designated tax schedule for those agents. In equilibrium, penalties and tax corrections equal the audit cost. Consequently, the audit system does not contribute directly to revenues, and its role is restricted to supporting the equilibrium.     

Synergy between urban planning, conservation of the cultural built heritage and functional changes in the old urban center—the case of Tel Aviv

The old urban center of Tel Aviv, like other urban centers in the western world, is undergoing accelerated development processes. Together with the trend towards gentrification are processes of urban renewal and infrastructure development and increasing demand for land and buildings, all of which increase the value of the land. The difference between Tel Aviv and other cities in the western world, as well as in Israel, is its young age and its quick pace of change. The old urban center of Tel Aviv is unique in that it is less than one hundred years old and is changing rapidly. Tel Aviv, which in 1909 was a small suburb of Jaffa, has evolved into an independent city, which is today the center of economic and cultural activities in Israel. Tel Aviv's short but significant history, together with its rapid changes, creates its image as an active and vivid metropolis with embedded heritage values. However, rapid development brings with it dilemmas. On the one hand, urban planners, tourists and entrepreneurs identify the center of town with its historical nucleus and heritage values. On the other hand, the rapid development and need for urban renovation are clearly in conflict with the need to preserve Tel Aviv's historical values and unique qualities. The purpose of this paper is to demonstrate that conservation of built heritage and urban development in ‘Young Tel Aviv’ can coexist and synergistically support each other, and that the historical values have economic potential, which may contribute to urban development. Heritage values can be formulated and even artificially produced to promote urban development. Although Israel has many very old cities with universal historical values, the young city of Tel Aviv is at the forefront of conservation.     

Patterns of development and conservation in agricultural lands—The case of the Tel Aviv metropolitan region 1990–2000

Until the 1990s Israel was implementing a strict agricultural land preservation policy program, rooted in Zionist ideology. This was changed when shifts in Israeli planning and land policy towards the end of the 20th century brought about accelerated growth and sprawling development in agricultural lands at the urban–rural fringe, particularly in the Tel Aviv metropolitan region (TMR). In this article we describe the background for policy shifts and the resulting impact on metropolitan growth, and then proceed to identify patterns of development in former agricultural lands and their impact on conservation, based on a study of statutory land use plans converting agricultural land to built-up uses within the TMR. It was found that most of the plans were converting large tracts of agricultural land to residential uses, characterized by low-density suburban-type family housing, thus reducing considerably the spatial conservation potential. In addition, only relative small portions of land were conserved as public open space within plans’ boundaries, and even then only about half of that was actually effective for active open space uses.     

The effectiveness of the protection of riparian landscapes in Israel

Riparian landscapes are natural habitats of unique ecological, environmental and scenic values, which are highly sensitive to human intervention and impact. Yet, due to their qualities, and especially the presence of water, they are also usually attractive for recreation purposes. This is more so in arid and semi-arid zones like Israel. Nevertheless, in the past, the importance of riparian landscapes in Israel did not receive adequate attention in policy and planning. As a result, over the years they were exposed to various negative impacts, including pollution by industrial and agricultural effluents, diversion of water for agricultural and other purposes, and land use conflicts. Although in recent years, with the growing awareness of their ecological and recreational potential, considerable efforts are being invested in the rehabilitation of deteriorated riparian landscapes, their protection is still deficient.This article reviews and examines policy tools used for the protection of riparian landscapes in Israel, focusing on legislation, institutional structure and physical planning as they emerge from relevant laws, reports and literature. It reveals, among others, gaps and deficiencies in legislation, institutional dualities along with split authorities both expressing a particularistic approach, and, until recently, lack of relevant designated planning. The article concludes by offering some suggestions for improving the protection of riparian landscapes in Israel, including: integration of existing laws based on a whole watershed approach; reorganization of institutional structure to facilitate a national vision of riparian landscapes rather than the existing particularistic approach; formulation of structured planning procedures to ensure the realization of designated national plans; and promotion of awareness to riparian values at various levels.     

Chasing assets abroad: Ideas for more effective asset tracing and recovery in cross-border insolvency

Asset tracing and recovery (ATR) has become highly challenging in the digital age, where, with the touch of computer keys, assets can be shifted through multiple jurisdictions within minutes, creating significant challenges for recovering value. While many countries have tools to enable ATR, these tools differ from jurisdiction to jurisdiction and often are not recognized across borders in a manner that keeps pace with the need for rapid ATR, particularly during insolvency. This article takes stock of the myriad ATR tools available in domestic systems to discern parameters of key ATR tools that have common objectives, features, and safeguards, and that can form the basis of more standardized understanding and application of such tools. It also explores the extent to which cross-border ATR is aided by the leading frameworks for global, cross-border insolvency—the UNCITRAL Model Laws on Cross-Border Insolvency, insolvency-related judgments, and enterprise groups—in the process, revealing gaps and uncertainties. Such uncertainties can result in losses to stakeholders affected by insolvencies of different business sizes but can be particularly detrimental in small and medium enterprise (SME) cross-border insolvencies where there are typically more limited resources to chase assets. Against this backdrop, this article proposes ideas for the enhancement of the cross-border insolvency framework, to allow for effective cross-border access to information held abroad, the freezing of assets in cross-border cases, and the cross-border recovery of assets.