Soft Lawと宅開要綱

A new concept of soft law by Kenji Asakawa, member of NPO, which is applied to explain its legal and social context of Local Development Exaction (LDE) system, is so interesting that all attendants last evening on 24th February discussed deeply and exchanged their own views to strengthen Asakawa’s concept. Asakawa’s “Soft Law” is an idea that local planning authority can forge an agreement with developer in respect of public obligation even under the circumstance where there is no legal framework to support that execution. Apart from Japan, England and U.S. have legal frameworks to decentralize power to demand public obligation to developer by English Town and Country Planning Act and American State Enabling Act. If and when local planning authority and developer cannot reach agreement in Japan, neither necessary infrastructure nor community facilities can be installed. This kind of situation means that housing development cannot exist nor become market commodity to sell. Although LDE system has been seen alternative method in lieu of national legislation or local bye-law, it can rather become a positive measure for independent local government.

Now Asakawa is preparing full paper and submit for peer-review by the end of March for the conference of International Planning History Society (IPHS) to be held in July, which will become our NPO presentation of Akira Tamura and his work to the global planning community for the first time. We are expecting your understanding and collaboration to our project.


地方自治体の都市開発政策におけるソフトローの活用可能性- 1970年代の日本における宅地開発要綱行政の再評価
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