建築紛争と土地利用規制の制度設計

情報構造の観点から

抄録

This paper examines the legal framework of land use regulation in Japan from the perspectives of the informational structure among the stakeholders in urban areas (land developers and neighborhood residents). After analyzing the ongoing process of rights allocation under the current land use laws, it points out the lack of predictability for neighborhood residents at the stage of “ex ante general regulation”. On this basis, the author argues for the necessity of regulatory impact analysis in urban development. The author also tries to justify negotiated city development on the premise of the Coase Theorem.