Law Commons^™

The New International Economic Order: Historical Overview And Analysis Of The Positions Of Industrialized And Developing Countries, Idriss Fathallah

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the idea of a new international economic order through a historical review of the dialogue between industrialized countries and developing countries. It analyzes how the major positions of the Global South and the industrial powers evolved in international forums, especially around trade, development, and the distribution of economic gains. The paper seeks to clarify the political and economic foundations of the demand for a more equitable international system. It highlights the tensions between reformist proposals and the structural interests that shaped North-South negotiations.

Editorial, Mohammed Bennani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This introductory note explains the dual mission assigned to universities in Morocco by the legal framework governing higher education: teaching and scientific research. It underlines the practical obstacles faced by a young institution such as the Faculty of Law in Casablanca, including limited documentation resources, insufficient availability of teacher-researchers, and a lack of material means for disseminating research. The text then presents the journal as a platform for reflection, discussion, and interdisciplinary exchange among scholars and students. It also defines the review as a bridge between the university and wider academic and professional circles in Morocco and abroad.

Management Indicators For Agricultural Cooperatives, Gerard Deshayes

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines how the performance of agricultural cooperatives can be evaluated through management indicators better suited to their specific economic nature than conventional business ratios. Using the case of a dairy cooperative, the author shows the limits of judging cooperative efficiency solely through profit rates and accounting results, since cooperatives pursue objectives linked not only to capital but also to member remuneration, product pricing, and service to producers. The paper distinguishes between economic efficiency and financial efficiency, and proposes a framework centered on value obtained and distributed value in order to assess how cooperative activity creates and redistributes benefits …

Foundations Of A New Strategy For Financing Traditional Agriculture Through Agricultural Credit, Bouarfa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article outlines a new strategy for financing traditional agriculture through agricultural credit in Morocco. It discusses the exceptional mobilization of financial resources after the drought crisis and argues that support to small farmers should move beyond emergency lending toward modern and durable forms of productive financing. The author emphasizes that rural credit for traditional agriculture must be aligned with the realities of peasant households, where production is often oriented toward self-consumption and family labor remains central. The paper advocates credit procedures, repayment methods, supervision, and local outreach mechanisms better adapted to small-scale farming in order to improve both productivity …

The Role Of Agricultural Credit In The Development Of Agriculture: The Case Of Morocco, T. Masmoudi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines agricultural credit as a strategic instrument for agricultural development in Morocco. It argues that credit can contribute to investment, modernization, income growth, and social promotion, but only if it is embedded in a coherent economic and social policy framework. The author reviews the main obstacles that limited the effectiveness of agricultural credit, including inappropriate institutional choices, weak agrarian structures, insufficient organization, limited outreach, and intervention rules poorly adapted to small farmers. The article concludes that a more flexible, decentralized, and development-oriented credit system is necessary if rural finance is to serve the needs of traditional as well …

Reference To Spain’S Most Modern Agrarian Laws And The Constitutional Norms That Inform Spanish Agrarian Law, Juan Jose Sanz Jarque

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper provides an overview of the principal modern agrarian laws in Spain and the constitutional principles that shape Spanish agrarian law. It identifies major legislative texts on agrarian reform and development, cooperatives, rural leases, agrarian transformation societies, and family farming, and then relates them to constitutional provisions adopted in 1978. The article shows how constitutional norms concerning property, social rights, environmental protection, regional development, and public intervention influence the interpretation and orientation of agrarian legislation. It offers a concise legal framework linking statutory reform to broader constitutional objectives in agriculture.

Production System And The Development Of Tobacco Cultivation In Morocco, A. Salhi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article reviews the historical evolution of tobacco cultivation in Morocco and examines the production system that supported its expansion. It traces the crop’s introduction, the role of the tobacco monopoly and public supervision, the spread of experimental stations and extension efforts, and the shift from larger industrial-style cultivation toward small family-based production in mountainous regions. The author shows that this family farming model reduced average plot size while improving quality, broadening planter participation, and adapting tobacco cultivation to areas with limited agricultural alternatives. Tobacco is presented as an example of how agro-industrial organization can reshape rural production structures and …

Control Of Farm Structures And The Actions Of The S.A.F.E.R. Following The Agricultural Orientation Law Of 4 July 1980 And Current Government Policy, Jean Megret

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the reform of French agricultural structure policy after the Agricultural Orientation Law of 4 July 1980, with special attention to the role of the S.A.F.E.R. institutions. The author revisits the objectives of earlier legislation, discusses why a new reform was deemed necessary, and highlights persistent concerns over regional disparities, indebtedness, farm size, and generational renewal. The paper explains how SAFER procedures were made more operational in order to facilitate land transactions, installation of young farmers, and more effective oversight of agricultural structures. It presents land regulation as a central tool for maintaining viable family farming and balanced …

Rural Exodus And Development In Morocco, Dufraisse

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper studies rural out-migration in Morocco and its implications for economic and territorial development. Using census comparisons and demographic estimates, the author seeks to measure the scale of rural exodus and to distinguish it from natural population growth. The article shows that migration from the countryside to towns and major cities intensified over time, with marked regional differences and a growing concentration in the largest urban centers. It argues that rural exodus is both a symptom of structural imbalance and a major development issue, requiring stronger rural policies rather than being treated as a purely demographic phenomenon.

The Crisis Of Moroccan Agriculture: State Strategy And Alternatives, Mohamed Raki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article analyzes the structural crisis of Moroccan agriculture by linking slow production growth to rising food dependence and the increasing weight of agricultural imports. It criticizes the state’s technical choices, especially the heavy emphasis on dam-based irrigation and forms of modernization that favored selected sectors while leaving much of basic food production and small-scale farming behind. The author reviews the limits of hydro-agricultural investment, mechanization, and input-intensive modernization, and argues that these policies deepened external dependence and internal imbalances. In response, the paper calls for alternative development paths better suited to national needs, food security, and the realities of …

Some Reflections On Agricultural Policy: Constraints, Policy Levers, Degrees Of Freedom, And Choices, J. Molinier

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper offers a conceptual reflection on agricultural policy by distinguishing between its structural constraints, its main instruments, and the room for public choice. The author argues that agricultural policy cannot be separated from broader economic policy and identifies major constraints linked to natural conditions, economic structures, political objectives, and international trends. The article reviews the principal levers available to governments, including policies on production techniques, farm structures, prices, population, and incomes, together with the financial means used to support them. It concludes that technical progress, price policy, and farmer training and organization are among the most decisive factors for …

The Development Of Export Sectors: An Important Contribution To The Country’S Economic Growth, Aziz Tazi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the contribution of agricultural export sectors to Morocco’s economic growth, with particular emphasis on citrus exports. It shows that agricultural exports represented a significant share of total exports and foreign exchange earnings, while also facing changing international market conditions, stricter quality requirements, and stronger competition. The paper reviews improvements in varietal selection, production techniques, packaging, transport, cold storage, and commercial organization, and discusses the need to diversify external markets beyond traditional destinations. It argues that sustained export growth depends on raising product quality, improving logistics, and aligning production strategy with international demand.

Agro-Pastoral Production Systems In The Mountains And Foothills Of Morocco, Jean Dresch

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyzes agro-pastoral production systems in the mountain and piedmont regions of Morocco. It shows how farming households combine rainfed cultivation, irrigated plots, arboriculture, and livestock herding in order to adapt to ecological constraints such as steep slopes, irregular rainfall, cold winters, and limited arable land. The paper emphasizes the importance of collective water management, terraces, seasonal grazing systems, and local resource regulation in sustaining mountain livelihoods. It also argues that the relative balance between crops and herds varies according to altitude, local traditions, and access to pasture, making these regional systems both highly adaptive and socially organized.

Irrigation And The Development Of Sugar Production, Othmane Lahlou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article examines the role of large-scale irrigation in Morocco’s agricultural modernization and in the expansion of sugar beet and sugar cane production. It reviews the country’s hydraulic potential, the history of hydro-agricultural development, and the public investments that made irrigated agriculture possible after independence. The author also discusses the technical, social, and organizational constraints of irrigation schemes, including land consolidation, farmer participation, and infrastructure management. Within this framework, sugar crops are presented as a strategic example of how irrigation can transform production, reduce imports, and move the country toward greater self-sufficiency.

Water Control And The Growth Of Agricultural Production In Developing Countries, Françoise Conac

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article presents water control as a central condition for agricultural growth in developing countries, where it can stabilize yields, raise productivity, and support more intensive farming. It reviews the benefits of irrigation, drainage, and flood control, while also emphasizing the frequent failures of past projects caused by weak planning, inappropriate techniques, poor maintenance, and insufficient user participation. The author highlights the environmental and health risks of badly managed irrigation, including salinization, waterlogging, and disease, and argues for revised water policies that integrate technical, financial, institutional, and social dimensions. Farmer participation is presented as essential to effective water management.

What Forest Policy For The Integrated Development Of Rural Space?, Mohammed Ellatifi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper argues that forest policy must be treated as a core component of integrated rural development rather than as a separate technical sector. Using Morocco as its main reference, it reviews the economic, ecological, and social functions of forests: wood and forage production, soil and water protection, climate regulation, biodiversity, recreation, and defense against erosion and desertification. The author shows that agriculture itself depends on upstream forest protection and warns against fragmented planning that ignores these interdependencies. The article calls for coordinated territorial planning and for greater recognition of forestry in national and regional development strategies.

Reflections On Agriculture And Food Security: The Case Of The Arab World, Ahmed Sadik

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper reflects on agriculture and food security in the Arab world by linking geopolitical realities, uneven natural endowments, and the structure of the global agro-food economy. It argues that although ecological conditions are often difficult, they do not fully determine agricultural outcomes; instead, regional cooperation, investment, and the productive use of oil surpluses are essential to reducing food dependence. The article also reviews the historical evolution of the world food system and the vulnerabilities created by import dependence, demographic pressure, and changing consumption patterns. It advocates an Arab strategy that combines integration, agricultural investment, and long-term food security planning.

Agricultural Development And Food Independence, N. Bourenane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article examines the growing food dependence of developing countries, with particular attention to Algeria and the Maghreb. It criticizes uncritical reliance on externally promoted agricultural models based on imported seeds, fertilizers, machinery, and pesticides, arguing that such approaches may raise output while deepening technological dependence, social inequality, ecological damage, and vulnerability in food supply. The author questions whether short-term production gains truly lead to lasting food independence and highlights the long-term technical, economic, and political costs of generalized high-input agriculture. The paper calls for development choices grounded in national priorities and social realities.

Agricultural Development And Popular Participation In Senegal, Moussa Ndoye

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Focusing on Senegal, this paper argues that agricultural development can succeed only if rural populations participate directly and effectively in its implementation. After placing agriculture at the center of development strategy in the Third World, the author reviews Senegal’s post-independence experience in administrative reform, rural institutions, training, and support structures. The article stresses the need for fair prices, adequate public investment, better-trained rural cadres, stronger agricultural services, and policies that connect growth with social justice. It presents popular participation not as a slogan, but as a necessary condition for sustainable agricultural transformation.

The Role Of The Ministry Of The Interior In Agricultural Development, Driss Basri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The paper analyzes the place of Morocco’s Ministry of the Interior in agricultural development and rural policy implementation. It argues that, because most of the population and local authorities were rural, the ministry played a decisive coordinating role alongside the Ministry of Agriculture, especially in applying the Agricultural Investment Code, supervising local commissions, and managing land, forests, and collective resources. The article reviews both the gains and the limits of agricultural policy, noting progress in irrigated, citrus, sugar, and dairy production but weaker results in cereals, forage crops, and rainfed areas. It concludes by calling for a broader rural development …

Productive Systems And The Problems Of Agricultural Development, R. Badouin

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article discusses how agricultural development requires changes in productive systems under conditions of population growth, rising incomes, and urbanization. It distinguishes between cropping systems, production systems, and farm management systems, and examines how each should evolve in response to food demand. The author analyzes the balance between food crops and export crops, as well as between plant and animal production, emphasizing food security, resource efficiency, and the risks of dependence on external markets or animal-based consumption patterns. The article frames agricultural strategy as a structural response to development pressures rather than a purely technical adjustment.

Agricultural Development Planning In The Kingdom And Its Importance To The National Economy And Its Relationship To Comprehensive Development, Abdallah Alaoui Al Jafri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines agricultural development planning in Saudi Arabia and situates it within the Kingdom’s broader comprehensive development strategy. It reviews the objectives of successive development plans, including economic diversification, food production, rural settlement, social stability, and the expansion of infrastructure and human capacity. Particular attention is given to the strategic role of agriculture in national development despite severe water scarcity, highlighting state support through land distribution, irrigation studies, desalination, extension services, mechanization, and regional agricultural programs. The paper argues that agricultural policy is integral to balanced national growth and to reducing dependence on a single-resource economy.

Concealed Feudal Privilege: The Past And The Future In The Making Of Property Law, Ugo Mattei

Texas A&M Journal of Property Law

This article critically examines the evolution of private property law from its origins in European and American legal traditions to its current entanglement with global capitalism and digital technology. Drawing on historical analysis and recent scholarship, the author argues that modern private property, far from realizing the promise of emancipation from feudal privilege, has served to cloak new forms of class domination. Through narratives crafted by jurists, property law has continually mediated the interests of the powerful and marginalized popular masses, substituting class-based privilege for blood privilege. The article explores how legal concepts—such as privacy and the social function of …

Property In The Short Twentieth Century, Fernando Atria

Texas A&M Journal of Property Law

This article examines the evolution of property law in the "short twentieth century," focusing on the shift from a classical, unified, and individualistic concept of property toward one defined by its "social function." Drawing on Anna di Robilant's historical analysis and legal developments in Chile, the article discusses three interrelated strands of the social critique of property: the doctrine of abuse of right, the concept of the social function of property, and the pluralist ("tree-like") model of property regimes. It contrasts the Will Theory and Interest Theory of rights to clarify the nature of "fractured rights," where legal powers may …

Lessons From The Making Of Modern Property: Reinventing Roman Law In Europe And Its Peripheries, 1789–1950, Laura S. Underkuffler

Texas A&M Journal of Property Law

This article examines the evolution and reinvention of Roman law concepts in shaping modern property law across Europe and its peripheries between 1789 and 1950. Focusing on Anna di Robilant’s analysis, it explores how nineteenth-century jurists utilized the ideal of dominium—property as an individual’s absolute entitlement—to respond to the social and economic upheavals of the era. While this model emphasized personal autonomy, freedom, and equality, it was inherently in tension with the demands of collective needs and societal change. The article discusses the practical and philosophical clashes between dominium and the social function of property, tracing the historical debates and …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Texas A&M Journal of Property Law

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Cbdcs Vs Decentralized Currencies: Considerations For 21st Century Global Financial Challenges, Andrew Michael Sobhy, Shuai Wang

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As digital currencies gain prominence in everyday life, policymakers in the United States at the federal, state, and local levels debate the potential for innovation, surveillance, global relations, and a plethora of areas that concern citizens. While existing literature highlights the opportunities and pitfalls within this new digital age, including inclusivity and challenges to traditional banking, this study aims to contribute a quantitative approach to the discussion utilizing Federal Reserve data, studies from financial institutions, and various credible resources that hold a stake. Specifically, comparing novel Central Bank Digital Currency (CBDCs) and Decentralized Financial Currencies (DeFi) will provide a foundation …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Ethics Of Artificial Intelligence For Lawyers: You Will Be Assimilated: Best Practices For Lawyers Using Artificial Intelligence, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg, a species augmented with artificial intelligence, give a chilling ultimatum to every civilization they encounter: “You will be assimilated.” The warning is terrifying because it suggests not destruction, but absorption with the loss of independence to a relentless collective.

For lawyers, the rise of artificial intelligence carries a similar threat of assimilation. Artificial intelligence is already entering law practice, whether lawyers welcome it or not. The real question is not if lawyers will be assimilated into a future integrated with artificial intelligence, but how they will use these tools without sacrificing judgment, …

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …