협력적 토지이용규제 모델 연구- 미국의 이론과 법제도를 중심으로 - = A Study on a Collaborative Model for Land Use Regulation- Focused on the U.S. Legal Theory and Institutions -

다국어 초록 (Multilingual Abstract)

In the arena of land use disputes where multiple interests and stakeholders, including the public, are involved, issues of fairness among the parties inevitably arise. Public disputes are difficult to solve because of the multiple parties and interests involved, the complexity of the environmental issues, and the long-term consequences that the decisions may have. Over the past several decades, many have criticized the command and control planning model as infeasible, inefficient, and undemocratic. In the US, current land use theory and practice emphasize a negotiated model of decisionmaking in which localities and applicants conduct the business of land use allocation through a variety of contract-like mechanisms. Bilateral deal-making between developers and localities has become commonplace. Despite their pervasiveness, there is little evidence that these processes may lead to fair, well-planned or efficient land use decisions. Rather, these bilateral negotiations foster land use agreements that freeze developers and localities into rigid, long-term relationships, with little or no meaningful input from other affected parties.The collaborative model seeks to make the process of negotiating local land use decisions more open and inclusive. The model aims to energize the land use regulatory process by providing affected parties the opportunity to resolve disputes and empowering such actors to monitor and adjust adopted agreements, instead of relying on retroactive, external judicial review.

참고문헌 (Reference)

1 "헌법이론과 헌법" 박영사 2002

2 "행정법원론(하)" 박영사 2006

3 "행정법원론(상)" 박영사 2006

4 "행정법과 공익-이해조절법적 행정법으로-" 2006

5 "한국에서의 민간의 참여와 협력에 의한 행정과 행정법" 2004

6 "토지이용규제정책의 논거와 한계" 4집 : 1996

7 "지방자치단체의 토지이용규제와 합리적인 관리방안" 2000

8 "미국 행정법에서의 참여와 협력-그 의미의 변화와 새로운 행정법 질서-" 30집 (30집): 2002

9 "The Renew Deal : The fall of regulation and the rise of governance in contemporary legal thought" December,2004

10 "The Reformation of American Administrative Law" 88-, 1975

11 "The Private Role in Public Governance" 75 : 543-, 2000

12 "The Democracy Deficit" New York University Press 2004

13 "The Consensus Building Handbook: A Comprehensive Guide to Reaching Agreement" Thousand Oaks, CA: Sage Publications 1999

14 "Tenth Annual Symposium on Contemporary Urban Challenges Redefining The Public Sector: Accountability and Democracy in the Era of Privatization" 1477 : 2001

15 "Participation and Deliberation in Environmental Law : Exploring a Problem-solving Approach" 21 (21): 2001

16 "New Governance and Soft Law in Health Care Reform" 3 : 139-, 2006

17 "Mustering the missing voices : a collaborative model for fostering equality, community involvement and adaptive planning in land use decisions" June,2005

18 "Lessons from the Alternative Dispute Resolution Movement University of Chicago Law Review" 1986

19 "Introduction: Understanding Governance" New York : Oxford University Press 1-10, 2000

20 "Growing Smart Legislative Guidebook: Model Statutes for Planning And Management of Change" American Planning Association 2002

21 "General Principles of Constitutional and Administrative Law" Palgrave macmillan 2002

22 "Experimentalist Equal Protection" 22 : 261-, 2004

23 "Designing Systems to cut the costs of conflict" Josseybass 1988

24 "Deliberative Democracy and the Environment" Routledge, New York 2003

25 "Collaborative Governance in the Administrative State" October,1997

26 "Breaking the Impasse : Consensual Approaches to Resolving Public Disputes" Basic Books 1987

27 "Better Environmental Policy Studies" Island Press 2001

28 "Assessing Consensus: The Promise and Performance of Negotiated Rulemaking" 1997

29 "Administrative Law and Regulatory Policy" Aspen Law & Business 1999

30 "Administrative Law and Process" West Publishing Co. 1997

31 "Administrative Law" west group 2001

32 "ADR Principles and Practice" London, Sweet & Maxwell 1999

33 "A Civic Republican Justification for the Bureaucratic State" 105 1511-1992,