ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

49 SUSTAINABLE URBAN DEVELOP-
MENT AND NEW FRONTIERS
FOR LOCAL GOVERNANCE
The quest for sustainable urban development has put
subnational institutions at the forefront of the process
of change that public law is undergoing. Participatory
decision-making is proliferating to co-determine urban
plans and the use of public spaces. The pluralistic character
of the cities has led administration, society and
business to create new structures to take decisions
outside representative institutions. In the energy sector,
sub-state authorities have developed new legal tools
and become powerful actors of the global arena. In
light of these changes, one question emerges: how is
the evolution towards sustainable urban development
affecting the classic categories of public law? This
panel aims to respond to this question by focusing
on diverse practices of innovative local governance.
This effort will serve to understand whether the legal
instruments developed at subnational level provides
effective solutions to the wicked problems that other
levels of government are facing.
Participants Chen Hung Yi
Andrea Averardi
Pier Marco Rosa Salva
Valerio Lubello
Carlo Maria Colombo
Name of Chair Carlo Maria Colombo
Room DOR24 1.403
Chen Hung Yi: Crowdfunding and its interaction
with urban development
While crowdfunding and its financial regulation
have been extensively discussed, the interaction
between crowdfunding and urban development is
relatively unexplored, which includes (1) public participation,
and (2) municipal finance. This paper studies
crowdfunding campaigns in Taiwan, which provides
citizens an innovative way to participate public affair.
Additionally, this article will introduce how government
can use crowdfunding to raise funding for certain public
project from citizens by introducing the mechanism
in Japan, the United States and the United Kingdom.
Two general observations will be derived. One relates
to the difficulties of municipal finance, which are universal
issue in some cities. Another observation, relating
to efficiency of public affair, shows the crowdfunding
may improve an unnecessary and time-consuming
procedure.
Andrea Averardi: Beyond sub-national territorial
borders: infrastructure siting conflicts as a
matter of national interest
Infrastructures siting policies continue to be the
target of frequent oppositions from local communities.
Adopting an empirical approach, the paper aims to
Concurring panels 85
provide a critical legal analysis of the decision-making
processes for siting local-unwanted facilities. The first
part of the paper examines cases which turn up to be
significant as examples of ‘conflict on the decision’ and
‚’conflict on participation’. In the second part, additional
cases are considered to show the relationship between
participation, decision and consensus-building. The
conclusion provides an interpretative grid for the deconstruction
of the causes of siting conflicts, pointing
out the potential role of local communities participation
and sub-national authorities governance. Furthermore,
it designs a decision-making model characterized by
an incremental approach, in which the inclusion of the
voice of private subjects in the public action grants a
procedural accountability of public administrations.
Pier Marco Rosa Salva: Sustainable development
and local governments: how the energy transition
is influencing public law, changing its borders
and enhancing its evolution
The energy challenge that the world is facing requires
energy transition processes to be implemented
everywhere. In spite of their proximity to the territory
and their potential role to locally develop energy policies,
cities are still disregarded by higher government
levels and result ill-equipped to respond to this issue.
Nonetheless, local authorities have decided to take
the lead in implementing the energy transition, by
the adoption of innovative regulations, the creation
of networks and the stipulation of European-scale
agreements. Cities are increasingly developing new
governance models and are using resources and urban
planning as tools to enhance sustainability. By focusing
on the solutions implemented and on the public actions
taken in and by different cities, the paper argues
that local governments are influencing the architecture
and the methods of public law, changing the dialectic
among its actors, extending its traditional boundaries
and enhancing its evolution.
Valerio Lubello: The law of the sharing mobility.
A comparative perspective
The essay wants to provide a global and comparative
overview of the main issues related to the s. c.
sharing mobility. The analysis will cover the multilevel
governance of the current legislative framework, trying
to define a better standard of legislation in several but
connected fields, such as: car pooling, car sharing,
Uber business model, driverless cars, bike sharing
etc. The paper wants to explore the role and the perspective
of such alternative mobility instruments in
the multimodal transportation system. The aim of the
essay is to fix the main legal issues of the emerging
mobility paradigm: a definition of shared mobility; the
role of a new concept of urbanism driven by massive
data shared by public and private subjects; the role
of the new technology in the s.c. sharing mobility and
the role of legislations; the different models of sharing
mobility.