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The Formation of Regional Spaces by Agreements : Is it a Valid Approach to Regulate the Shape of Future Communal Spaces Based on (Majority) Consensus Among the Stakeholders?

English (英語)

Journal of Japanese law

25(50)

[49]-63

Deutsch-Japanische Juristenvereinigung

2021-01-05

2022-05-11

The City Planning Act (1968) serves as the foundation of Japan’s legal framework with respect to city planning. However, the Act on Special Measures concerning Urban Reconstruction (2002) plays an equally important role today. The latter has been revised several times, and multiple agreement systems among private landowners have been put in place to realize the formation of micro-level regional community spaces through initiatives from and consensus among land owners and other related parties (Urban Reconstruction Pedestrian Route Agreements, Facility Location Guidance Promotion Agreements, and City Convenience Increase Agreements.) After explaining these agreement systems, this paper explores the following questions: (1) How are these agreement systems related to the transformation of tasks for city planning in Japan? How will they cope with the contemporary issues of population decline and “urban spongification”? (2) These agreement systems form regional community spaces that have “public” significance via the agreements of landowners who are “private individuals” (a unanimous agreement is necessary for some systems and a considerable number of landowners suffices for others). The agreements affect various stakeholders of the corresponding spaces. Additionally, for certain agreement systems, the agreement of “current” land owners binds “future” land owners. What are the justifications on which the agreements of current land owners affect other stakeholders and bind future land owners? How can the agreement systems be compared with the building agreements set forth for the Building Standards Act? (3) Is it possible to understand these agreement systems from the perspective of “participation” in the formation of public spaces?

学術雑誌論文

© Deutsch-Japanische Juristenvereinigung