Individual Property Rights Research Articles

LEGAL NATURE OF PROPERTY RIGHTS AND THEIR STATE REGISTRATION

The relevance of the article is that the property rights of citizens and businesses are not only the basis of Ukraine's economy - they are based on family relations, they are also the material basis of local governments and state organizations, institutions and enterprises. In other words, without their proper registration and protection, it is impossible to ensure any other sphere of public life. In Ukraine, some attention is paid to the legislative definition of property rights and the problem of their state registration. And if with the first part of the outlined, in our opinion, a certain harmony is reached, then the issue of protection of property rights in today's conditions is acute. Its violations, in particular raids on enterprises and other violations of the property rights of individuals and legal entities, although decreased in number, but such facts have not remained in the past. The leading instrument of administrative legal protection of property rights is the institution of state registration of property rights, which in today's conditions is undergoing a process of further transformation and improvement in the effectiveness of protection of the rights of property rights. The artіcle reveals and descrіbes the legal nature of property rіghts and theіr state regіstratіon. Thіs іs done on the basіs of the theory of natural law, the theory of admіnіstratіve law, the theory of cіvіl law, as well as domestіc legіslatіon. Іt іs proved that the legal nature of the state regіstratіon of real rіghts to іmmovable property іs that іn іts іmplementatіon there are specіfіc admіnіstratіve and legal relatіons of a protectіve nature. It is concluded that the legal nature of state registration of property rights to property rights is that in its implementation there are classic administrative and legal protection relations, which involve applicants or their authorized persons, usually private legal entities, and public ( public) registrars as subjects of power. The content of these relations is: 1) the subjective right of the applicant to receive a kind of public protection in formal form (security document) and in essence - to use the entire public apparatus of protection and state coercion in his case in case of violation of registered property rights; 2) the administrative duty of a special subject of public administration (registrar) is a public obligation to carry out such registration. In turn, the registrar has the right to demand from the applicant provided by the current legislation confirmation of ownership of the property rights submitted for registration. Legal facts in the analyzed area of administrative and legal relations are the entry in the register of decisions on state registration, which directly lead to a change or termination of legal relations. A separate line in this area should be noted administrative-legal, administrative-procedural and economic-procedural legal relations that arise when appealing the decisions of state registrars to refuse registration (registration) of property rights to administrative or (and) judicial authorities.

Community-based individual property rights: developing the ‘bundle of rights’ perspective in the Chinese context

ABSTRACT This article invokes a concept of ‘community-based individual property rights’ as individual property rights recognized in a communal property system by virtue of community membership. It employs mixed methods, including a comparative analysis that reviews and develops the ‘bundle of rights’ perspective in the Chinese context and an analysis of a large dataset of judgments recently made publicly accessible. It sets out an analytical framework which appears more advantageous in helping researchers arrive at a better explanation of the current rights structure in rural China. The article concludes that the concept of ‘community-based individual property rights’ has greater analytical and explanatory force than existing concepts based on continental civil law. The conclusion also challenges the common assumption that common law property theories never work in non-common law jurisdictions and that the Chinese property system is irrelevant to developing common law property theories.

Pravo na mirno uživanje imovine i zaštitna mera oduzimanje gotovog novca u praksi Ustavnog suda Srbije - izvesna neizvesnost

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

Is The Criminal Justice System A Barrier To Entrepreneurship In Fragile Communities?

Abstract In fragile communities where a high proportion of residents have limited opportunities for economic and social mobility, self-employment and entrepreneurship are possible pathways to economic and social mobility. If, for example, individuals perceive policing and offender sentencing as racially discriminatory and/or untrustworthy, criminal justice in fragile communities could potentially be a barrier to an individual’s decision to start a business, as such a decision can be sensitive to whether the legal system will protect individual property rights. This paper considers how, in fragile communities, individual fairness assessments and perceptions of the criminal justice system condition nascent entrepreneurship abandonment—individuals who considered starting a business but did not. With data from the Center for Advancing Opportunity Fragile Community Survey on over 5,000 individuals in the United States, we estimate latent variable specifications of abandoned individual aspirations to start a business as a function of several measures of their fairness assessment/perception of the criminal justice system. Parameter estimates reveal that the likelihood of abandoned nascent entrepreneurship increases with respect to increases in an individual’s assessment/perception that the criminal justice system is unfair in their community. Our results suggest that the criminal justice system is a barrier to entrepreneurship for residents of fragile communities, and that criminal justice reforms that promote fairness in policing and the courts could enhance economic and social mobility in fragile communities by increasing the likelihood of individuals starting businesses.

Entrepreneurs

PurposeThe purpose of this paper is to consider if self-employed entrepreneurs, a class of individuals who require enforceable property rights to create new firms and ideas that could increase a society’s material living standards, constitute an individual property rights enforcement mechanism.Design/methodology/approachWith data from the General Social Survey, the authors estimate the parameters of mixed-effects categorical regression specifications to measure the effect of self-employment on confidence in the US Supreme Court, raising and donating funds for social or political activities, and on trying to persuade others to share political views.FindingsThe findings suggest that self-employed entrepreneurs are one of the guarantors of a constitutional democracy based on an ethic of individual property rights, and public policies that are pro-entrepreneurship help mitigate the risk of constitutional failure, and maximize society’s material living and ethical standards.Research limitations/implicationsThe results are based on cross-sectional data, which do not account for dynamic changes in preferences.Practical implicationsThe findings suggest that self-employed entrepreneurs are a enforcement mechanism and a guarantor of an ethic of private property rights necessary for the ongoing success and viability of a constitutional democracy based on individual property rights.Social implicationsThe findings suggest that as entrepreneurs constitute an enforcement mechanism for individual property rights, to the extent that entrepreneurialism also cultivates individual virtue entrepreneurs also serve as guarantors of a moral and ethical society that is based on virtue, which results in a constitutional democracy with high material living and ethical/moral standards.Originality/valueThis paper is among the first to empirically test whether entrepreneurs are an enforcement mechanism for individual property rights.

Collective Property Rights and Social Citizenship: Recent Trends in Urban Latin America

This article argues that efforts to implement collective property ownership via community land trusts (CLTs) in Latin America can be seen as a viable means for reducing socio-spatial inequalities, strengthening the urban poor’s ‘right to the city,’ and enabling more substantive social citizenship. It begins by arguing that, in Latin America, market models intended to strengthen individual property rights can increase urban inequality and spatial exclusion. It then examines recent measures undertaken to reverse the negative impacts of these patterns, focusing explicitly on the adoption of CLTs and how they serve as a means for strengthening urban citizenship. After highlighting the fact that CLTs have proliferated in the US and Europe but not Latin America, we explain how and why a few Latin American countries have nonetheless embraced CLTs. Building on deeper analysis of two cases in the region, Puerto Rico and Brazil, we show that despite the legal and governance constraints of Latin American cities, CLTs can materialise when local authorities join with citizens to embrace these models.

Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court

This contribution discusses the recent Dubovets case before both the European Court of Human Rights and the Russian Constitutional Court, and its implications for the changing design of Russian property law as increasingly shaped by international human rights law and good governance principles. Communicated in December 2016, the application in Dubovets v. Russia continues the line of the European Court’s cases against Russia on the protection of good faith private owners of real estate against property claims by the government. Prompted by this case law, the Russian Constitutional Court in its Judgment of 22 June 2017 No 16-P struck down Article 302 of the Russian Civil Code as unconstitutional insofar as it entitled the government to reclaim possession of state property that had been previously alienated due to the government’s own negligence. This judgment manifests the increasing interdependence between private and public law – of classical property law, on the one hand, and international human rights law and good governance principles, on the other hand. It also contributes to ongoing evolution in the understanding of the state’s property rights in Russia: from the superior status of public property in Soviet times – to formal equality between public and private property rights in the landmark legal instruments of the 1990s – and now to the growing need for special protection of individual property rights vis-à-vis the state, in light of the latter’s double role as both the largest owner and the (quite unrestrained) regulator.

Is There Safety in Numbers? Organizing as a Cooperative in the Freelance Economy

Freelance work is becoming increasingly ubiquitous and pervasive across multiple sectors of the economy. Freelancers are especially vulnerable to hazards of opportunism, and lack the protections traditional workers typically enjoy. In the current study, we enquire whether organizing as a cooperative can aid freelancers in overcoming the challenges they face. To address this question, we conduct a single in-depth case study. We selected Magnum Photos, an exclusive freelancer cooperative agency, founded in 1947 to further the interests of its members. We find that the agency adopted a novel organizational cooperative form we entitle entrepreneurial club, in which the members, who are carefully screened and selected, retain individual property and decision rights. This novel form served to mitigate agency problems, facilitate innovation, reduce transaction costs of exchange, and ultimately contributed to changing the established rules of the game in the field of photojournalism. Currently, Magnum is considered to be a flagship organization in the profession, although the exponential increase in size has led to recent organizational changes. Predicated on our analysis, we suggest that organizing as a cooperative along the above espoused parameters is more beneficial for freelancers than following an atomized approach.

Сутність й актуальні питання арешту майна в кримінальному провадженні на стадії досудового розслідування

The purpose of the article is to study the essence and actual issues of property seizure in criminal proceedings at the stage of pre-trial investigation. Methodology. The paper uses general scientific and special-scientific methods of cognition, the concrete combination of which is determined by the purpose and objectives of the study. Using the formal-logical method has allowed to define, clarify and supplement the individual concepts of the category and thus to organize the conceptual-categorical apparatus. Methods of formal and logical logic were also used, in particular methods of analysis and synthesis, deduction and induction, analogies and generalizations, and others like that. The scientific novelty of the article is due to the fact that it is a study of the seizure of property in criminal proceedings at the stage of pre-trial investigation at the present stage of state-legal development with the allocation of a number of urgent problems in this area. Conclusions. Today, the seizure of property is one of the most common examples of limiting the property rights of individuals in the criminal process at the pre-trial stage. Further research in this area should be linked to the detailed elaboration of specific legal regulation issues in this area. As an example, this is a matter of ensuring the rights of third parties, the property of which the issue of arrest is being resolved. Problems arise in the case of securities seizure. The seizure of securities requires the creation of an effective mechanism for controlling their circulation. Another interesting issue is the possibility of arresting property that has funds in the form of so-called criminals, whose status as an object of civil-legal relations is not clearly defined today, not to mention the criminal procedural status of this phenomenon, etc. Keywords: property; arrest; criminal proceedings; pre-trial investigation; procedure; criminal process.

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

Problems of Legal Regulation of Land and Property Relations in Russian Resorts

The paper is devoted to the consideration of current theoretical and practical issues of legal regulation of land and property relations in the territories of resorts in the Russian Federation. The relevance of the research topic is due to the imperfection of the current land and special legislation governing these relations, which leads to numerous violations of the legal regime of the land resorts, land and property rights of individuals and public interests, as evidenced by judicial practice. Based on retrospective analysis of land and environmental legislation of the Russian Federation, materials of law enforcement practice and scientific developments, the paper considers both theoretical problems of limiting the turnover of land within the territory of Russian resorts, and the problems of the application of legislation in practice, including in judicial practice. The author shows the inefficiency of the current legal regulation of land and property relations within the territory of resorts, the main reasons for the situation, the ways to improve land and special legislation in this area. It is concluded that the unjustified restriction of land turnover within the boundaries of the territories of resorts and the delimitation of state ownership of the relevant land, depending on the classification of the resort to Federal, regional and local significance, which prevents the development of these territories and violates the property rights of the local population and the owners of real estate. The problems of establishing the borders of districts and zones of sanitary (mountain-sanitary) protection of resorts in documents and when being identified on site are shown. The author justifies the conclusion about the need for development of a new scientific technique of definition of borders of the specified districts and zones and on its basis of revision of their existing borders that is necessary for establishment of reasonable restrictions of use and turnover of the parcels of land in borders of resorts is proved.

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

Inheritance regimes: Medieval family structures and current institutional quality

This study highlights the impact that medieval patterns of intrafamily inheritance practices wield on contemporary institutional quality. We argue that regions that practiced inegalitarian inheritance developed stronger institutions than regions that practiced egalitarian inheritance, for two reasons. First, we argue that transmitting land to a single heir resulted in a sense of personal ownership and, by extension, encouraged individual property rights. Second, we argue that the fact that disinherited children were incentivized to seek training and employment outside the family domicile in regions practicing inegalitarian inheritance resulted in trust‐building social interactions. We test our argument using data on medieval inheritance patterns and modern‐day institutional quality in European subnational regions and across countries globally. Our results show that historical inegalitarian inheritance practices are strongly positively associated with contemporary institutional quality. We conclude that historical norms at the family level are still affecting important modern‐day societal functions.

Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty by William Davenport Mercer

Reviewed by: Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty by William Davenport Mercer Franklin Sammons (bio) KEY WORDS U.S Constitution, Bill of Rights, John Marshall, Barron v. Baltimore, Individual rights, Property rights Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty. By William Davenport Mercer. (Norman: University of Oklahoma Press, 2017. Pp. 296. Cloth, $34.95.) In February of 1833, an aged John Marshall delivered the final decision of his 34-year career on the U.S. Supreme Court: in Barron v. Baltimore, he effectively ruled that the Bill of Rights did not apply to state or local governments. Marshall’s judgement in Barron has puzzled scholars for two primary reasons. First, by restricting the applicability of the Bill of Rights to the federal government, the decision deviated from much of Marshall’s earlier jurisprudence that had used the Court to uphold or expand federal power. Second, Marshall’s disregard for natural-law arguments was out of sync with the prevailing practices of state and federal courts considering issues of individual rights at the time. William Davenport Mercer’s informative and well-researched study, Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty, demystifies the Barron ruling by tracing its path to the Supreme Court and illuminating the historical conditions that shaped Marshall’s decision. Mercer’s book, the first devoted to Barron, joins a growing list of monographs that reconstruct the historical–legal context from which a single Supreme Court case arose, progressed, and was decided to better comprehend the case and its significance.1 [End Page 353] Barron’s genesis lay in the muddy streets of Fell’s Point, a gritty section of early nineteenth-century Baltimore that suffered from bad drainage. In 1815, John Barron, Jr. and John Craig, two ambitious middling merchants, purchased a wharf in Fell’s Point. Almost immediately they encountered a slew of problems: High construction costs, severe weather, pressing debts, and harmful stormwater debris threatened the viability of their investment. These troubles were exacerbated in 1817 when the city expanded efforts to manage these drainage problems by paving streets and constructing embankments. While benefiting some residents, the improvements injured Barron and Craig by routing the stormwater and emptying its contents near their wharf, making the surrounding area less navigable and damaging their property. After failing to obtain redress through petitions, Barron and Craig filed suit in 1822, claiming the city had taken their property without compensation in violation of the Fifth Amendment. Mercer shows how a dispute over drainage and property damage was part of a broader discussion about the nature and origins of rights in the early United States. Economic development—and municipal efforts to direct it—intensified these debates because they often pitted the prerogatives of civic improvement against the property rights of individuals. Questions about the city’s “power to spend city funds, take property, or otherwise infringe on the rights of individual residents” loomed large (33). Mercer provides rich context for the legal debates surrounding Barron by surveying some of the era’s most influential theorists of rights and property alongside a variety of antebellum state court cases. His thoughtful exposition of writings by William Blackstone, James Kent, and St. George Tucker, to name just a few, demonstrates one of his most important claims: During this period, no dominant interpretation of the source of individual rights prevailed because jurists understood them to be founded in a complicated blend of common-law presumptions, natural rights, and constitutional texts. Barron and Craig’s lawyers drew upon this expansive conception of rights to argue the case in the Maryland state court and the appeals court in Annapolis. However, when the case finally reached the Supreme Court, Marshall ignored this variegated understanding of rights and instead “enunciated a view of rights as emanating from written documents” (151). In its brief decision to dismiss the case, the Court unanimously ruled that the Fifth Amendment did not apply to the states because the text of the Constitution did not explicitly say that it did. [End Page 354] Mercer contends that by framing the decision in this...

Проблеми забезпечення захисту майнових прав осіб у сфері виявлення, розшуку йуправління активами, одержаними від корупційних та інших злочинів

The purpose of the articleis studying the peculiarities of the functioning of the National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes as a new executive body of Ukraine in co-operation with other bodies, problems of providing property rights of persons at the stage of pre-trial investigation in criminal proceedings, and making suggestions for their solution. Methodology. The paper uses general scientific and special-scientific methods of cognition, the concrete combination of which is determined by the purpose and objectives of the study. Using the formal-logical method has allowed to define, clarify and supplement the individual concepts of the category and thus to organize the conceptual-categorical apparatus. The method of formal logic andlogico-meaningful method were also used, in particular methods of analysis and synthesis, deduction and induction, analogies and generalizations, etc. The scientific novelty of the article is determined by the fact that the article outlined the problems of ensuring the property rights of individuals at the stage of pre-trial investigation in criminal proceedings, and suggested ways of their solution, as well as investigated the peculiarities of the functioning of Agency as a new executive body of Ukraine in co-operation with other bodies. Conclusions.The need to create an Agency was one of the main criteria for Ukraine to implement the EU-visa liberalization plan. It is necessary to note a number of positive effects provided by the Law «On the National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes» in the field of protection of property rights of participants in criminal proceedings. The creation of Agency enabled the use of procedural mechanisms for an effective way to protect individuals’ property rights within reasonable timeframes. There was nocapacityto increase and maintain the arrested property underconditions of constant inflationbefore the creation of the institution of the Agency. And, of course, this is a new, specific and important function of our state. However, some issues in this area require clarification or a more detailed legal settlement. For example, the issue of implementing the procedural mechanism of the Agency’s activity in the criminal process arose after the adoption of the specialized law. There is also a problem of the transfer of property to the Agency management. After all, the current criminal procedural law provides for a short period of consideration of the application for transfer of property. In this case, it is necessary to optimize the process to ensure the protection of the rights of the owners of assets. It would be appropriate to require the court, before consideration of the transfer request, to send the submissions to the parties, and in the absence of parties to send the submissions repeatedly, or to receive a notification that the parties have been duly informed about the consideration of the application for transfer of property. In addition, it is necessary to consolidate the right of the person to appeal the decision to transfer property to Agency. Keywords: assets; National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes; ARMA; property rights; protection of property rights.

Individual resources, property rights and entrepreneurship in China

PurposeIn the last decade, the Chinese Government enacted two rule-based policy changes related to property rights, namely, a constitutional amendment to protect the lawful rights of the private sector in 2004 and a property rights law in 2007. Using property rights theory, the purpose of this paper is to hypothesize the contingent effect that these property rights changes have on the investment of individual human and financial capital toward entrepreneurship. In addition, this study also explores whether property rights changes have a differential effect on the two forms of entrepreneurship, namely, opportunity and necessity entrepreneurship.Design/methodology/approachThis research uses logit regression analysis on a two-period model using the Global Entrepreneurship Monitor (GEM) database to test these effects.FindingsContrary to existing evidence from western contexts, this study finds that property rights changes have a significant influence on the investment of both forms of capital toward necessity entrepreneurship in China.Research limitations/implicationsThe use of a secondary database like GEM has certain limitations, such as the non-availability of data on a longitudinal basis, and the need to operationalize certain constructs like social and financial capital as non-continuous variables.Originality/valueThere has been limited research on the phenomena of necessity entrepreneurship in economies such as that of China. The findings of this study highlight that property rights protection is equally important for necessity entrepreneurship in institutional contexts like China.

Is the gas industry a good neighbour? A comparison of UK and Australia experiences in terms of procedural fairness and distributive justice

Australia and the UK share much in common in their social, governance and legal systems. Would approaches to unconventional oil and gas development also be similar? In this article, we examine the different experiences of local communities regarding unconventional oil and gas development in Queensland, Australia and England, UK. We question whether the onshore gas industry makes a ‘good neighbour’ in two different contexts that share one common legal background. We consider procedural fairness within the context of land access processes and discourses of individual and collective property rights generated by unconventional gas development in each country. Land access policy and practice have developed significantly in Australia to recognise the rights of existing landholders, including Traditional Owners, and in England, to clarify mineral and resource ownership rights. We consider distributive justice within a conceptual framework of social sustainability relating to communities and local social impacts from development. We review how governments at various levels have attempted to resolve such issues. We conclude that the unconventional gas development experience is heavily context dependent and cannot be described by a simple narrative, nor by snap-shot baseline and impact studies. We suggest that there remains much to be learned about regulating the industry.

¿Lo mío y lo tuyo? El Estado kantiano

Kant says there is a duty to exit the state of nature, to enter into a civil state. He says this is a duty of right (Rechtspflicht), not a duty of virtue. The article discusses the argument he gives to support this view, as well as the contemporary discussion on the relationship between this duty of right and the categorical imperative. The discussion is full of implications. Particularly significant is the view of the Kantian state emerging from it, which challenges the conventional account: instead of a state designed to protect pre-existing individual property rights, property rights are seen as something resulting from the very constitution of the state.

The Endogenous Evolution of Common Property Management Systems

Traditional co-management of common property resources involves stakeholders contributing knowledge and ideas about rules for access and extraction, which are analyzed and implemented by the regulator. We examine an emerging alternative system, in which self-identifying clubs of users are allocated a share of a total allowable extraction, that they manage with considerable autonomy. When multiple clubs concurrently extract under different self-selected rules, users gravitate toward more profitable regulations in subsequent seasons, putting evolutionary pressure on less profitable systems. We show experimentally that strong individual property rights, and the efficiencies associated with them, emerge endogenously from this process. A taste for competition among some individuals limits realized efficiency, but not extensive adoption of individual rights. Thus, regulators need not directly implement strong individual rights to achieve their benefits; regulators may instead assign a collective property right and provide a self-governance pathway toward management that supports better outcomes.

Public-Private Cooperation and Judicial Review: A Case Study Drawn from European Infrastructure Projects

National administrative law traditions are changing under the influence of socio-economic factors and the Europeanization of legal norms. To illustrate this evolution this article discusses the roles of judges in three European major transport infrastructure projects in England, France and Belgium where long-term public-private cooperation was developed and strong public opposition voiced. Public-private cooperation to develop infrastructure projects is not new. EU financial requirements and EU procurement directives, though, constrain more than ever how these public-private cooperations can be contractually designed, while EU sectoral legislation may offer new opportunities for public-private cooperation. In parallel, citizens are entitled to be involved in large projects affecting the environment and no longer mainly seek protection for their individual property rights. These changes illustrate the changing role of private parties (economic actors and citizens) in major infrastructure projects. They also result in public bodies endorsing an increasingly supervisory and monitoring role while not having the suitable skills, resources or information in-house to do so. These adaptations under the pressure of socio-economic and political concerns call for administrative law to revisit the role that judges play in adjudicating issues arising from these complex publicprivate contracts, where public bodies and private parties are locked together for a long term and where changing the relationship is extremely expensive for the public purse.