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GENTRIFICATION Types Intervention, TheDefinition, Greek Haircut and theof positions of Investors1
Definition, of intervention, ConcernsTypes of Gentrification By Argyrios BENTENIOTIS Attorney at Law, Concerns
LLM International Law,M. Sc. Human Resources Management, PhD Candidate
By Mr. George-Sp. C. ATHANASOPOULOS Harvard University, Graduate School of Design, Student, A Collective Action Clause (CAC) leaves C. theATHANASSOPOULOS supermajority of By Mr. George-Sp. Architect bondholders to conclude to a debt restructuring, which binds in legal Student of the School of Architecture Technical Universitytoof Crete terms all the bondholders even if they have not agreed the
restructuring.2 In 2012 the Greek Government introduced a retrofit CAC 1. Introductory approach: Defining the concept with1. Introductory a threshold of 75% Defining with thetheencouragement concept (444 BC -of370International ANTISTHENIS,approach: the ancient Greek philosopher, BC, Athens), 3 Under Monetary Fund (IMF) and the European Central Bank (ECB). the ANTISTHENIS, the ancient Greek philosopher, BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established(444 a great the International Investment Protection Law point of content view there is an issue among other wise heritage he leftthe us,definition he established a great the acquisition of knowledge starts with of the of“principle”: concepts. arising from losses that the had, as many ofofthem doterm not acquisition of the knowledge starts withinvestors theindefinition the content concepts. Based, therefore, on this “principle” a first, if of not final, approach, the 1 (and Based, therefore, on this “principle” inindicated a first, if (in notthe final, approach, term want to rely onurban payments on Credit Default Swaps totheseek gentrification) is area ofbut Planning) (or gentrification 1 (and urban 4 gentrification gentrification) is indicated (in the area of Planning) (or Sociology as well), as the “refining” of a city area, the removal from this, (in various compensation instead. The bondholders, that did not wish the debt Sociology as well), as the “refining” of a city area, the removal from this, (in various ways), of social groups, of low-income andthe the value placement there of artists, restructuring which usually by definition reduced of the bonds and ways), of social groups, usually of low-income and thethis placement there of artists, the operation of art galleries, restaurants, etc. However “change”, regardless of 5 could be seen as violation of obligations under BITs , would try to get the operation ofconsequences art galleries, restaurants, etc.also However this “change”, regardless of whatever other has, results rising of land prices (and the compensation for their losses.has, Even, the investors who agreed with the whatever other consequences results also rising of land prices (and the potential relative speculation). swap could pursue claims in the basis of a discriminatory treatment as potential relative speculation). The term gentrification is found at first in the UK in early 1960s and it refers to other lenders such as and ECB didinnot analogous haircut on The term gentrification found atpeople first the UK in early 1960s and itareas refers the then observed trendIMF ofiswealthy to accept buy property in poor ofto
the then observed trend wealthy sometimes people to there buy property in poor areas London, upgrade them, stay of themselves and thus old residents areof London, upgrade them, stay themselves sometimes there and thus old residents are being indirectly “squeezed”. being indirectly “squeezed”. A description of this phenomenon is included in the work of Sociologist Ruth A description ofarticle this phenomenon is situations included inwere theInvestment work of Sociologist Ruth GLASS1at same period, recorded in other major Thethe present is while part ofsimilar the thesis titled “How Law disciplines GLASS at the same period, while similar situations were recorded in other major cities Western countries, by otherand Researchers. states’inpossible responses to financial economic crises. From Argentina to Greece and cities inelaborated Western countries, byInternational other Researchers. Since then, the has preoccupied andCollege for itsLondon more Cyprus” forissue the LLM Lawseveral Programscholars of University Since then, the issue has several below, scholars andthe for various its more (UCL). comprehensive approach arepreoccupied being summarized from 2 comprehensive approach being summarized from the various Collective Action are Clauses (CAC) http://www.nasdaq.com/investing/ interpretations of the phenomenon of gentrification, thebelow, following: interpretations the phenomenon thecategory following: glossary/c/collective-action-clause accessed 18 Augustof2014. In a sense, theof phenomenon is dueof togentrification, a trend a new of social groups 3 MatinaStevis, ‘2nd UPDATE: Greece To Introduce Retroactive Action to “return” to the city, leaving the purlieus for several reasons: highCollective costs in money Clauses-Source’, (The Wall Street Journal, 9 January 2012) and time to travel from the purlieus to downtown, where work place is, lack of the accessed 9 August 2014. http://online.wsj.com/article/BT-CO-20120109-710447.html 1. The term comes from Sociologist Ruth GLASS, 1912-1940. Ruth GLASS was born in sense of4safety at the distributed residencies outside town centres, search for better Berlin, where she made her first studies.vs. In 1932 she published importantand entitled: Ioannis Glinavos, ‘Investors Greece: The heart Greekan Investor services of health, education, entertainment “at the of'Haircut' the city”,study (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for accessed 9 August Arbitration Under BIT's’ (2012), http://ssrn.com/abstract=2021137 lower living cost of, in “withdrawal” from private access markets, etc.where studies and research Geneva, Prague, London and car Neweasier York she came to back to London, 2014. in According 1943 she published studies regarding cityphenomenon planning. In 1950 sheto became teacher in the to another approach, the is due a systematic and 5 University CollegeGlinavos, of London, where she continued her social research. Her public and Ioannis ‘Haircut Undone? The Greek Drama brokers and Prospects for long-term informal effort by organized groups, manufacturers, ofaction buying her work areArbitration’, characterized(Journal by a passion for justice. SeeDispute also: COLLINS ENGLISH DICTIONARY. Investment ofdepreciation International 11 Juneweb, 2014) and selling realCOLLINS estate, etc., for the initially ofSettlement, part of the urban in 10th edit. Wil. SONS AND Co Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: accessed 9 http://jids.oxfordjournals.org/content/early/2014/06/11/jnlids.idu008.full G. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually August 2014.
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GENTRIFICATION Definition, Types of Intervention, Definition, of intervention, ConcernsTypes of Gentrification a. Jurisdictional issues Concerns The investigation of jurisdiction is the first step for an investor
their holdings of Greek Debt6. An example is German investors seeking lawsuits because of the debt restructuring in Greece.7 seeking to rely on the BIT in question. The examination of the terms Mr. George-Sp. C. the ATHANASOPOULOS “investor” and “investment” mustBytake place under BIT and Article Harvard University, Graduate School of Student, 25 of ICSID Convention. Thus if the home State of theDesign, investor has By Mr. George-Sp. C. ATHANASSOPOULOS Architect concluded to a BIT with Greece the investor qualifies as protected entity Student of the School of Architecture 8. The second and as well under Article 25 of the ICSID Convention Technical University of Crete question regarding the existence of an “investment” requires a case-by1. Introductory Defining the concept case examinationapproach: in order to investigate whether bonds qualify as 1. Introductory approach: Defining the concept ANTISTHENIS, ancient Greek philosopher, (444 BC - 370light BC, Athens), throw to this investments. The the Abaclat v Argentina case9 could ANTISTHENIS, the ancient Greek philosopher, (444 BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established a great the question. Before the examination of the case a definition for bonds must among other wise heritage he leftthe us,definition he established a greatof“principle”: the acquisition of knowledge starts with of the content concepts. be given. ofBonds arestarts “country debt instruments acknowledging acquisition knowledge with thein definition the content of concepts. Based, therefore, on this “principle” a first, if of not final, approach, the term indebtness and repayment principal and interest on term an 1 (andpromising Based, therefore, on this “principle” inindicated aoffirst, if (in notthe final, approach, the urban gentrification) is area of Planning) (or gentrification 10 1 earlier advance of money.” gentrification (and urban gentrification) indicated (in thefrom areathis, of Planning) (or Sociology as well), as the “refining” of a cityisarea, the removal (in various The Abaclat v Argentina includes a dispute for whether the Sociology as well), as the “refining” of a city area, the removal from this, (in various ways), of social groups, usually of low-income and the placement there of artists, ways), ofinsocial groups, usually of low-income and11 thethis of artists, treaty question (Argentina-Italy BIT ) placement covered bonds as the operation of art galleries, restaurants, etc. However “change”,there regardless of the operation of art galleries, restaurants, etc. However this “change”, regardless whatever otherThe consequences has,that results also rising of land prices (and theof investments. tribunal held security entitlements arising from
whatever otherspeculation). consequences has, results also rising of land prices (and the potential relative potential relative speculation). 6 The term gentrification is found Glinavos, ‘Investors vs. Greece’at(nfirst 4). in the UK in early 1960s and it refers to The7 term gentrification is found at first in the UKseek in early 1960s andGreek itareas refers the then observed trend of wealthy people to buy property inover poor ofto James Wilson and GerritWiesmann, ‘Germans lawsuits debt the then observed trend of wealthy people to buy property in poor areas London, upgrade them, stay themselves sometimes there and thus old residents are swap’, (Financial Times, 12 March 2012) http://www.ft.com/intl/cms/s/0/79ed422c-6c67-of London, upgrade them, stay themselves sometimes there and thus old residents are being indirectly “squeezed”. 11e1-bd0c-00144feab49a.html#axzz3BEk0lKuy accessed 9August 2014. 8 being indirectly “squeezed”. A description of on thisthe phenomenon in the work of Sociologist Convention Settlement isofincluded Investment Disputes between StatesRuth and A description ofperiod, this(opened phenomenon is situations included inwere the work of Sociologist Ruth GLASS atofthe same whilefor similar recorded in into other major Nationals Other States signature 18 March 1965, entered force 14 GLASS at the same period, situations recorded in other major cities in Western countries, bywhile othersimilar Researchers. October 1966) (‘ICSID Convention’) available atwere https://icsid.worldbank.org/ cities in Western countries, bypreoccupied other Researchers. Since then, the issue has several scholars and for its more ICSID/StaticFiles/basicdoc_en-archive/ICSID_English.pdf accessed at 9 August 2014. 9 Since then, the issue has several below, scholars and for various its more Abaclat etapproach al v Argentina (ICSID Case no ARB/07/5, Decisionfrom on Jurisdiction and comprehensive arepreoccupied being summarized the comprehensive approach are being summarized below, from the various Admissibility, August 2011) at <https://icsid.worldbank.org/ICSID/ interpretations of4 the phenomenon of gentrification, the following: interpretations the phenomenon thecategory following: FrontServlet?requestType=CasesRH&actionVal=showDoc&docId=DC3130_En&caseId=C95 In a sense, theof phenomenon is dueof togentrification, a trend of a new of social groups > accessed 17 August 2014; see also Ambiente Ufficio SpA et al v Argentina (ICSID no to “return” to the city, leaving the purlieus for several reasons: high costs in Case money No. ARB/08/9, Decision on Jurisdiction and Admissibility, 8 February 2013) and time to travel from the purlieus to downtown, where work place is, lack of the athttps://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=show 1.of The termat comes from Sociologist Ruth GLASS, 1912-1940. Ruth search GLASS for wasbetter born in sense safety the distributed residencies outside town centres, Berlin, where she made her first studies. In 1932 she published an important study entitled: Doc&docId=DC2992_En&caseId=C340 accessed17 August 2014. services of health, education, entertainment “at the heart of the city”, (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for 10 M Waibel ‘Opening Pandora’s Box: Sovereign Bondsback in toInternational lower living cost of, “withdrawal” from private access markets, etc.where studies and research in Geneva, Prague, London and car Neweasier York she came to London, Arbitration’ 101 The American Journal ofplanning. International Law 711, 719. in According 1943 she(2007) published studies regarding cityphenomenon In 1950 she became teacher in the to another approach, the is due to a systematic and 11 UniversityAgreement College of London, where continued her social Her public and between the she Argentine Republic and research. the Republic of Italy on the long-term informal effort by organized groups, manufacturers, brokers ofaction buying her work are characterized by Investments, a passion for justice. also: COLLINS ENGLISHinto DICTIONARY. Promotion and Protection of signed See oninitially 22 May force and selling realCOLLINS estate, etc., for theCodepreciation of1990, part entered of the urban web,14 in 10th edit. Wil. SONS AND Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: October 2004 (Argentina-Italy BIT) at <http://www.sice.oas.org/Investment/ G. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually
150
BITSbyCountry/BITs/ARG_Italy.pdf> accessed 17 August 2014.
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GENTRIFICATION Definition, Types of Intervention, Definition, of intervention, ConcernsTypes of Gentrification Concerns
sovereign bonds traded in the second market could qualify as investments under the BIT in question and Article 25 of ICSID Convention. However the arbitrator Abi-Saab dissenting opinion demonstrated that bonds, which bought on the secondary market, could not establish investment12. On the same issue, although the different reasoning, Waibel applies the Salini criteria13 to the purchasers on the Mr. George-Sp. ATHANASOPOULOS secondary market for not long By periods of timeC.and who have not Harvard University, Graduate School of Design, Student, contributed to the host State and concludes that they should not be By Mr. George-Sp. C. ATHANASSOPOULOS Architect 14 that bonds bought on the benefited . On the other hand the fact Student of the School of Architecture secondary market does not mean that their buyers are not protected as Technical University of Crete nationals under a BIT. Moreover, the Fedax v Venezuela15tribunal 1. Introductory approach: the concepthas not changed even if a supported that the nature Defining of the investment 1. Introductory approach: Defining the concept (444 BC - 370 BC, Athens), ANTISTHENIS, the ancient Greek philosopher, subsequent endorsement of the notes have taken place, the investment ANTISTHENIS, the ancient Greek philosopher, (444 BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established a great the can remain constant and the issuer can enjoy credit benefit until the among other wise heritage he leftthe us,definition he established a greatof“principle”: the acquisition of knowledge starts with of the content concepts. notes become due. Thusstarts despite thatdefinition the notes the were not bought in the acquisition of knowledge with the content of concepts. Based, therefore, on this “principle” in a first, if of not final, approach, the term domestic excluded from as foreign investment. 1 (and are Based,market therefore, onnot this “principle” inindicated aqualify first, if (in not final, approach, the term urban gentrification) is the area of Planning) (or gentrification 1 The Abaclat decision gives hope to investors seeking tovarious bring gentrification (and urban gentrification) indicated (in thefrom areathis, of Planning) (or Sociology as well), as the “refining” of a cityisarea, the removal (in claims under BITs provisions against sovereign workouts. In spite of Sociology as well), as the “refining” of a city area, the removal from this, (in various ways), of social groups, usually of low-income and the placement there of artists, ways), social groups, usually low-income thethis placement there of artists, the factofthat tribunal didofnot rule onand whether compensation was the operation ofthe art galleries, restaurants, etc. However “change”, regardless of 16of the operation of art galleries, restaurants, etc. However this “change”, regardless whatever other consequences of land prices payable, its value consists onhas, thatresults bondsalso can rising be protected under (and a BIT.the whatever other consequences has, results also rising land prices (and the 17 as of potential relative covered investment Moreover manyspeculation). BITs face “any kind of asset” potential relative speculation). Thethey terminclude gentrification at firstexplicitly in the UK other in earlyBITs 1960slist andsovereign it refers to thus bondsis found and more
The term gentrification found atpeople first in the UK in early 1960s and itareas refersofto the then observed trend ofiswealthy to buy property in poor the then observed trend wealthy sometimes people to there buy property in poor areas London, upgrade them, stay of themselves and thus old residents areof 12 upgrade them, stay themselves sometimes there and thus old residents are London, being indirectly “squeezed”. Abaclat et al v Argentina (ICSID Case no ARB/07/5, Dissenting Opinion of being indirectly “squeezed”. A description of this phenomenon in the work of Sociologist Ruth Arbitrator Abi-Saab, 28 October 2001) isatincluded <http://italaw.com/sites/default/files/caseA description ofperiod, this phenomenon is2014. included inwere the recorded work of Sociologist Ruth GLASS at the same while similar situations in other major documents/ita0237.pdf> accessed 17 August 13 at the same period, while similar situations were recorded in other major GLASS cities in Western countries, by other Researchers. SaliniConstruttoriSpA v Morocco, ICSID Case no ARB/00/4, Decision on cities in Western countries, bypreoccupied other Researchers. Since then, the issue scholars for its more Jurisdiction, 23 July 2001 parahas 52; The Salini criteriaseveral for investment: (i) aand contribution; (ii) a Since then, the has scholars andthe foreconomic its more certain duration; (iii) issue assumption of risksummarized and several (iv) contribution to comprehensive approach arepreoccupied being below, from the various comprehensive approach areinvestment. being summarized from the various development of the host state of the interpretations of the phenomenon of gentrification, thebelow, following: 14 interpretations the phenomenon of thecategory following: WaibelM Waibel ‘Opening Pandora’s Box: Bondsofinsocial International In a sense, theof phenomenon is due togentrification, a trend of Sovereign a new groups Arbitration’ (2007) 101 The American Journal of International Law 723. to “return” to the city, leaving the purlieus for several reasons: high costs in money 15 Fedax NVfrom v Venezuela (ICSIDtoCase no ARB/96/3, Award,place 3 March 1998) at and time to travel the purlieus downtown, where work is, lack of the accessed 10 <http://www.italaw.com/sites/default/files/case-documents/ita0316_0.pdf> 1. The term comes from Sociologist Ruth GLASS, 1912-1940. Ruth GLASS was born sense of safety at the distributed residencies outside town centres, search for betterin Berlin,2014. where she made her first studies. In 1932 she published an important study entitled: August services of health, education, entertainment “at the heart of the city”, (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for 16 Glinavos, ‘Investors vs. Greece’ (nprivate 4). and car lower living cost of, “withdrawal” from access markets, etc.where studies 17 and research in Geneva, Prague, London Neweasier York she came to back to London, Seepublished for Article 1(1) of the Agreement the Federal Republicin of in According 1943 she studies regarding city planning.between In 1950 sheto became teacher the to eg. another approach, the phenomenon is due a systematic and University College of London, where she continued her social research. Her public and Germany and the Republic the Philippines for the Promotion and Reciprocal Protection long-term informal effortofby organized groups, manufacturers, brokers ofaction buying work are characterized by April a passion forentered justice. into See also: ENGLISH DICTIONARY. ofher Investments, signed 18 1997, forceCOLLINS 1ofFebruary 2000 (Philippinesand selling realCOLLINS estate,on etc., for the depreciation initially part of the urban web, in 10th edit. Wil. SONS AND Co Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: accessed Germany BIT) at file:///Users/apple/Downloads/Philippines_Germany_BIT.pdf G. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually 10 August 2014.
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GENTRIFICATION Definition, Types of Intervention, Definition, of intervention, ConcernsTypes of Gentrification Concerns
bonds as investments18. From what is mentioned until now it is understandable that there is no explicit answer for the qualification of bonds as investment. A problem that may arise concerning the Greek case is whether the Greek bonds are contractual or not, an element that could lead to their exclusion from the jurisdiction of Investment Tribunals. If the CAC By Mr. ATHANASOPOULOS introduction qualify as a sovereign act,George-Sp. brings anyC.dispute resulting of 19 Harvard University, Graduate School of Design, Student, the them under the protection of a BIT. Thus in the Greek case where By Mr. George-Sp. C. ATHANASSOPOULOS Architect 20 CACs were introduced by an Act of the Greek Parliament could Student of the School of Architecture 21 It someone agree with the decision of the Abaclat vTechnical Argentina tribunal. University of Crete must stated here that the Greek Council of State when it examined the 1. Introductory approach: the concept harmony between the PSIDefining Settlement with the Greek Constitution and 1. Introductory approach: Defining the concept the ancient Greek philosopher, BC - 370 BC, Athens), adopting the argument theANTISTHENIS, European Convention of Human Rights22 by(444 ANTISTHENIS, the ancient Greek philosopher, (444 BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established a great the that the haircut was a voluntary decision from the majority of the among other wise heritage he leftthe us,definition he established a greatof“principle”: the acquisition of knowledge starts with of the content concepts. bondholders, concludestarts that bondholders have notof concepts. claim for acquisition of knowledge with the the content Based, therefore, on this “principle” indefinition a first, if of not final, approach, the term compensation. 1 (and urban Based, therefore, on this “principle” is inindicated a first, if (in notthe final, approach, the term gentrification) area of Planning) (or gentrification
1 (and urban gentrification) is indicated (in the area of Planning) (or gentrification Sociology as well), as the “refining” of a city area, the removal from this, (in various b. Defining violation Sociology as well), as the “refining” of a city area, fromthere this, of (inartists, various ways), of social groups, usually of low-income andthe theremoval placement ways), of social groups, usually of low-income and the placement there of artists, Under a BIT an expropriation can be occurred in accordance the operation of art galleries, restaurants, etc. However this “change”, regardless of the operation of art galleries, restaurants, etc. However this “change”, regardless whatever other consequences has, results also rising of landisprices (and the theof with International Law standards. Thus the question whether whatever otherspeculation). consequences has,the results also rising of land (and the potential relative haircut enforced under CACs by Greek Parliament act prices constitutes a potential relative speculation). The term gentrification is found at first in the UK in early 1960s and it refers to compensable expropriation. Actions that characterized by high levels of The term gentrification found atpeople first in the UK in early 1960s and itareas refersofto the then observed trendwith ofiswealthy to buy property in poor economic interference the property as as withof the then observed trend wealthy peopleoftothe buyinvestors property inwell poor areas London, upgrade them, stay of themselves sometimes there and thus old residents are their rights resulting in themselves significantsometimes losses can London, upgrade them, stay therejustify and thusexpropriation. old residents are being indirectly “squeezed”. Simultaneously these actions are not just a breach contractRuth but being indirectly “squeezed”. A description ofasthis phenomenon is included in the work ofof Sociologist alsoAandescription exercise of sovereignty, such as in Abaclat, a haircut a part of ofperiod, this phenomenon is situations included inwere the recorded work of Sociologist Ruth GLASS at the same while similar inas other major GLASS at the same period, while similar situations were recorded in other major a restructuring of a by sovereign debt is a significant regulatory cities in Western countries, other Researchers. cities in Western countries, bypreoccupied other Researchers. Since then,by the issuehaving has several andexpectations for its more intervention State interference withscholars investor’s Since then, the issue has several below, scholars andthe for various its more comprehensive approach arepreoccupied being summarized from comprehensive approach are being summarized below, from the various interpretations of the phenomenon of gentrification, the following: 18 interpretations of the phenomenon of the following: See for Article 1(d) ofisthe between Government Unitedgroups States In a sense, theeg. phenomenon dueTreaty togentrification, a trend of athe new category ofofsocial of America and the Government of Republic of Honduras concerning the encouragement to “return” to the city, leaving the purlieus for several reasons: high costs in money and reciprocal protection of investment, on 1 July 1995,work entered intois,force and time to travel from the purlieus tosigned downtown, where place lack11 of July the 2001 (US-Honduras) BIT (1995) available at <http://www.state.gov/ 1. The term comes from Sociologist Ruth GLASS, 1912-1940. Ruth GLASS was born in sense of safety at the distributed residencies outside town centres, search for better Berlin, where she made her first studies. In 1932 she published entitled: documents/organization/43563.pdf>accessed 10 August services of health, education, entertainment “at the2014. heartan ofimportant the city”,study (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for 19 Glinavos, Glinavos, ‘Investors vs. Greece’ (n 4). lower living cost of, in “withdrawal” from private access markets, etc.where studies and research Geneva, Prague, London and car Neweasier York she came to back to London, 20 Greek Nostudies 4050/2012, ‘Rules of Amendment of issued orteacher guaranteed in According 1943 she published regarding city planning. In 1950 sheto became in the toLaw another approach, the phenomenon is titles due a systematic and College of London, where she continued her social research. Her and byUniversity the Hellenic Republic with the Bondholder’s agreement’ enactedbrokers 23 public February 2012 long-term informal effort by organized groups, manufacturers, ofaction buying her work are characterized a passion for justice. See also: COLLINS ENGLISH DICTIONARY. (Government Gazette of etc., thebyHellenic Section A’, Issue and selling real estate, for the Republic, depreciation initially of No part36,of23.02.2012). the urban web, in 10th edit. 21 Wil. COLLINS SONS AND Co Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: Glinavos, ‘Investors vs. Greece’ (n 4). G. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually 22
152
Greek Decision (Greek Council of State 1116-1117/2014, 21 March 2014).
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GENTRIFICATION Definition, Types of Intervention, Definition, of intervention, ConcernsTypes of Gentrification Concerns
that can lead to a significant reduction in value and thus can be interpreted as expropriation.23 As Greece has signed 43 BITs24 with other countries and inside some of them have similar provisions like those discussed in Abaclat, if the interpretation given by the Abaclattribunal applied to these BITs then Greece would have violated its international obligations and thus owe a prompt, adequate and By Mr. George-Sp. C. ATHANASOPOULOS effective compensation.25 Harvard University, School Design, Student, Moreover, concerning possible Graduate allegations forofdiscrimination, By Mr. George-Sp. C. ATHANASSOPOULOS Architect investors cannot complain for beneficial treatment to domestic Student of the School of Architecture creditors as in the case of Greece have not been preferred butofthey Technical University Crete could potentially complain for discriminatory treatment against them in 1. Introductory approach: Defining concept relation with other lenders such the as ECB, IMF and EU member state 1. Introductory approach: Defining the concept (444 BC - 370 BC, Athens), ANTISTHENIS, ancient Greek philosopher, central banks that the they had not taken comparable measures (haircuts) ANTISTHENIS, the ancient Greek philosopher, (444 BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established a great the 26 on their holdings of Greek debt.
among other wise heritage leftthe us,definition he established a greatof“principle”: acquisition of knowledge startshe with of the content concepts. the acquisition of knowledge starts with theindefinition the content of concepts. Based, therefore, on this “principle” a first, if of not final, approach, the term c. therefore, Greek 1 (and Defences Based, on this “principle” is inindicated a first, if (in notthe final, approach, the term urban gentrification) area of Planning) (or gentrification 1 (and urban After investors overcome hurdles would gentrification gentrification) isarea, indicated (in the areathis, ofthey Planning) (or Sociology as well), as the “refining” of athe cityjurisdictional the removal from (in various face defences that Greece may have. The defences could be either based Sociology as well), as the “refining” of a city area, the removal from this, (in various ways), of social groups, usually of low-income and the placement there of artists, ways), social groups, usually low-income and placement there ofbased artists, on the of necessity doctrine or of force majeure as the well as to a treaty the operation of art galleries, restaurants, etc. However this “change”, regardless of the operation of art galleries, restaurants, etc. However this “change”, regardless whatever other consequences has, alsothe rising of clause. land prices (and theof defence similar to the doctrine of results necessity, NPM whatever other consequences has, results also rising of land prices (and the potential speculation). Asrelative for the necessity doctrine it is examinable whether it can potential relative speculation). Thefor termGreece. gentrification is found at cases first in are the UK in early 1960s andArgentina it refers to work The Argentine again illustrative. The term gentrification iswealthy found atpeople first in the UK in early 1960s and itareas refersofto the then observed trend of to buy property in poor invoked the argument that it hadpeople not other because of the the then observed trend wealthy to there buychoices property in poor areas London, upgrade them, stay of themselves sometimes and thus old residents areof 27. It is not severe economic crisis but to endorse the measures it did London, upgrade them, stay themselves sometimes there and thus old residents are being indirectly “squeezed”. clear if economic crisis can fall within the scope of necessity doctrine being indirectly “squeezed”. A description of this phenomenon is included in the work of Sociologist Ruth andAthus argument ofwhile Argentina could also possibly by description ofperiod, this phenomenon is that included inwere the recorded work of Sociologist Ruth GLASS at the the same similar situations ininvoked other major GLASS at the same period, while similar situations were recorded in other major Greece by interpreting economic interest as “essential interest” and cities in Western countries, by other Researchers. cities in Western countries, bypreoccupied other Researchers. Since then, the issue has severaltoscholars andthe for scope its more crisis as “grave and imminent peril” in order fall within of Since then, the issue has preoccupied several scholars and for its more comprehensive approach are being summarized below, from the various necessity doctrine may fall. Moreover the contribution of the State is an comprehensive approach are being summarized below, from the various interpretations of the phenomenon of gentrification, following: important element that if the tribunal find it, itthe cannot accept the use of interpretations the phenomenon of thecategory following: In a sense, theof phenomenon is due togentrification, a trend ofthe a new of social necessity doctrine by the State. Concerning invocation of force groups to “return” to the city, leaving the purlieus for several reasons: high costs in money and time to travel from the purlieus to downtown, where work place is, lack of the 23 Glinavos, ‘Haircut (n5). termat comes fromUndone?’ Sociologist Ruth GLASS, 1912-1940. Ruth search GLASS for wasbetter born in sense1.ofThe safety the distributed residencies outside town centres, 24 Berlin, where she made her first studies. In 1932 she published an important study entitled: UNCTAD, Bilateral Investment Treaties Signed by Greece http://unctad.org/ services of health, education, entertainment “at the heart of the city”, (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for Sections/dite_pcbb/docs/bits_greece.pdf accessed 9New August 2014. lower living cost of, in “withdrawal” from private easier access markets, etc.where studies 25 and research Geneva, Prague, London and car York she came to back to London, Glinavos, ‘Haircut Undone’ (n 125). in According 1943 she published studies regarding cityphenomenon planning. In 1950 sheto became teacher in the to another approach, the is due a systematic and 26 UniversityGlinavos, College of London, where she continued her social research. brokers Her public action and ‘Haircut Undone’ (n 5). long-term informal effort by organized groups, manufacturers, of buying 27are characterized by a passion for justice. See also: COLLINS ENGLISH DICTIONARY. her work Preal Di Rosa P Dietc., Rosafor ‘‘The Recent Wave ofinitially Arbitrations Against Argentina under and selling estate, theCo depreciation of part of the urban web, in 10th edit. Wil. COLLINS SONS AND Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: Bilateral Investment Treaties: background and Principal Legal Issues’ (2004) 36(1) InterG. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually American Law Review 65.
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GENTRIFICATION Definition, Types of Intervention, Definition, of intervention, ConcernsTypes of Gentrification Concerns By Mr. George-Sp. C. ATHANASOPOULOS Harvard University, Graduate School of Design, Student, By Mr. George-Sp. C. ATHANASSOPOULOS Architect Student of the School of Architecture Technical University of Crete
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1. Introductory approach: Defining the concept 1. Introductory approach: the concept (444 BC - 370 BC, Athens), ANTISTHENIS, the ancientDefining Greek philosopher, ANTISTHENIS, the ancient Greek philosopher, BC -“principle”: 370 BC, Athens), among other wise heritage he left us, he established(444 a great the among other wise heritage leftthe us,definition he established a greatof“principle”: acquisition of knowledge startshe with of the content concepts. the acquisition of knowledge starts with theindefinition the content of concepts. Based, therefore, on this “principle” a first, if of not final, approach, the term 1 (and urban Based, therefore, on this “principle” is inindicated a first, if (in notthe final, approach, the term gentrification) area of Planning) (or gentrification 1 (and urban gentrification) is indicated (in the area of Planning) (or gentrification Sociology as well), as the “refining” of a city area, the removal from this, (in various majeure the arguments used plea ofthe necessity canthere be used also Sociology as well), as the “refining” ofthe a city area, from this, (inartists, various ways), of social groups, usually of for low-income and theremoval placement of ways), of social groups, usually of low-income and the placement there of artists, for the use of force majeure as an excuse of expropriatory acts. the operation of art galleries, restaurants, etc. However this “change”, regardless of the operation ofconsequences art galleries, restaurants, etc.also However regardless whatever other has, results risingthis of “change”, land prices (and theof whatever other consequences has, results also rising of land prices (and the potentiald.relative speculation). Considerations potential relative speculation). The term taken, gentrification found at first in the in early 1960s and refers to Decisions like isthe purchases of UK Greek bonds in itunstable The 28 term gentrification iswealthy found atpeople first in the UK in early 1960s and itareas refersofto the then observed trend of to buy property in poor ,observed raised lot of questions. Political can have a crucial periods the then trend wealthy sometimes people to aspects buy property in poor areas London, upgrade them, stay of themselves there and thus old residents areof role to global community. International Investment Protection Law London, upgrade them, stay themselves sometimes there and thus old residents are being indirectly “squeezed”. must take these aspects into consideration and try to discipline them as being indirectly “squeezed”. A description of this phenomenon is included in the work of Sociologist Ruth well.A description ofperiod, this phenomenon is situations included inwere the recorded work of Sociologist Ruth GLASS at the same while similar in other major GLASS at the same period, while similar situations were recorded in other major Moreover, in theby Greek it is explicit that Greece will face a cities in Western countries, other case Researchers. cities in Western countries, by other Researchers. Since then, of the issue has preoccupied several and for its more big number claims. Tribunals must take scholars into consideration the Since then, the issue has preoccupied several scholars and for its more comprehensive approach are being summarized below, from the various contribution that IMF and ECB had to the policies adopted by the Greek comprehensivethe approach are being summarized from the various interpretations phenomenon of gentrification, thebelow, following: Government. ofEven the argument that investors could have for interpretations the phenomenon gentrification, thecategory following: In a sense, theof phenomenon is dueof toof a trend of a new of social groups discriminative treatment because the ECB’s untouchable bonds was to “return” to the city, leaving the purlieus for several reasons: high costs in money ECB’s demand. The Continental Casualty tribunal’s approach on this and time to travel from the purlieus to downtown, where work place is, lack of the matter can beatcomes athe form ofSociologist guide. 1.of The term from Ruth GLASS, 1912-1940. Ruth search GLASS for wasbetter born in sense safety distributed residencies outside town centres, Berlin, where she made her first studies. In 1932 she published an important study entitled: services of health, education, entertainment “at the heart of the city”, (possibly) Youth Unemployment. The same year she left Germany and after continuous movements for lower living cost of, in “withdrawal” from private access markets, etc.where studies and research Geneva, Prague, London and car Neweasier York she came to back to London, in According 1943 she published studies regarding cityphenomenon planning. In 1950 sheto became teacher in the to another approach, the is due a systematic and 28 UniversityMichele College of London, where she continued her social research. HerWhy public and Kambas, Stephen Grey, SteliosOrphanides, ‘Insight: did Cypriot long-term informal effort by organized groups, manufacturers, brokers ofaction buying her work keep are characterized byGreek a passionbonds’, for justice. See also: COLLINS ENGLISH DICTIONARY. banks buyingetc., (Reuters, April 2013) and selling realCOLLINS estate, for theCodepreciation initially of 30 part of the urban web, at in 10th edit. Wil. SONS AND Ltd. London 2009. WIKIPEDIA: The Free Encyclopedia: <http://www.reuters.com/article/2013/04/30/us-cyprus-banks-investigation-insightG. ALEXANDRI: http://www.uncanny.net/ wetzel/gentry.htm a Gentrification: variety of ways, in order Abstract. to achieve the “assisted”, “voluntary”, (actually idUSBRE93T05820130430> accessed 10 August 2014.
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