Contemporary Housing Issues in a Globalized World

by Padraic Kenna, Robin Paul Malloy

Overview

The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today’s globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.

Product Details

ISBN-13:	9781472415394
Publisher:	Ashgate Publishing Ltd
Publication date:	03/28/2014
Series:	Law, Property and Society
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Dr Padraic Kenna of the School of Law, National University of Ireland, Galway, researches and lectures in property and land law, housing law and policy, housing and human rights, regulation and public law. He has published six books and many articles and reports on housing law, rights and policy. A Member of the Editorial Advisory Board of both the International Journal of Law in the Built Environment and the Irish Human Rights Law Review, he was one of the Irish Legal Experts Group for the EU Fundamental Rights Agency (FRALEX) until 2010. He works with a number of housing rights advocacy organisations and is a founder member of the FEANTSA Expert Group on Housing Rights. Dr Kenna is currently developing a new Centre for Housing Law, Rights and Policy, at NUI Galway.

Table of Contents

List of Figures and Tables vii

Notes on Contributors ix

1 Introduction Padraic Kenna 1

2 A Legal Perspective of the Origin and the Globalization of the Current Financial Crisis and the Resulting Reforms in Spain Sergio Nasarre-Aznar 37

3 Comparing Mortgage Law in Ireland and Spain Karen Lynch-Shally 73

4 Mortgage Foreclosure and Housing Rights in Spain: Crisis or General Deception? Vanesa Valiño 101

5 Housing Rights in Europe: The Council of Europe Leads the Way Padraic Kenna Mark Jordan 115

6 Housing Rights in Constitutional Legislation: A Conceptual Classification Michelle Oren Rachelle Alterman Yaffa Zilbershats 141

7 Independent Living for People with Disabilities in Kenya: Charting the Way Forward Elizabeth Kamundia 159

8 Public Interest Law and Regeneration: The Case of Ballymun Community Law Centre - Connecting the Dots through Community Economic Development Maria Antonieta Nestor 179

9 From Individual to Collective Squat: Economic Theory and the Regulation of Squatting in England and France Jane Ball 227

10 Housing Ladders and Snakes: An Examination of Changing Residential Tenure Trajectories in the Republic of Ireland Joe Finnerty Cathal O'Connell 251

Index 267

Editorial Reviews

’This timely volume links contributions addressing the housing crisis in key European jurisdictions, with major issues in housing worldwide. On its own, each contribution adds welcome depth to our understanding; as a whole the volume strikingly illustrates the connections among legal frameworks, financial policy, and social pressures on the availability and security of housing across the world.’ Jessie Hohmann, Queen Mary University of London, UK ’This book presents a timely, comprehensive and incisive analysis of the impact of globalization and the recent financial crisis on the domestic housing policies and capacities of nation states. In the best traditions of socio-legal scholarship, it blends doctrinal analysis with empirical evidence and sophisticated policy recommendations to offer constructive guidance for legislators as they confront the challenge of housing disadvantage.’ Brendan Edgeworth, University of New South Wales, Australia ’The deregulation, liberalization and internationalization of finance have had major implications for housing and urban developments throughout the world. The financialization of housing has been accompanied by the conceptual transformation of adequate housing from a social good into a commodity and financial asset and housing markets are increasingly regulated so as to promote financial rather than social aspects of housing. This book analyses how this process has impacted on violations of the right to adequate housing in different countries and regions. More than understanding the situation, the book offers alternatives and perspectives, crucial in the current housing crisis.’ Raquel Rolnik, UN Special Rapporteur on the right to adequate housing and University of Sao Paolo, Brazil

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