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Articles 31 - 60 of 363
Full-Text Articles in Law and Economics
Maritime Wrecks In Moroccan Law, Farid Hatimy
Maritime Wrecks In Moroccan Law, Farid Hatimy
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the concept of maritime wrecks under Moroccan law, exploring its relationship with property rights, maritime navigation safety, fishing industry, and marine environment protection. The author, Farid Hatimy, addresses the challenge posed by the absence of a legal definition of "wreck" and confusion with similar concepts. The paper identifies three categories of maritime wrecks under Moroccan dahirs of 1916 and 1923, including shipwrecks in their broadest sense. The author notes that maritime wrecks derive their specific character from the location of discovery, except for shipwrecks, which are considered maritime wrecks even beyond Morocco's maritime public domain boundaries.
The Intangibility Of Colonial Borders And State Territory In Africa, Abdelmoughit Benmessaoud
The Intangibility Of Colonial Borders And State Territory In Africa, Abdelmoughit Benmessaoud
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the principle of intangibility of colonial borders and its implications for state territory in Africa. The author, Abdelmoughit Benmessaoud, argues that despite globalization, technological progress, and the trend toward territorial enlargement in Europe, the question of borders and their fixity remains highly relevant in the African context. The study emphasizes that borders and state sovereignty, paradoxically, still have a future in Africa. The research is significant because intangibility touches on a vital aspect of state existence. The author suggests that a new approach to interpreting intangibility will be crucial for the future evolution of African states and …
Review Of The Xxvth Volume Of The Annuaire De L'Afrique Du Nord (1986), Mohamed Mouaqit
Review Of The Xxvth Volume Of The Annuaire De L'Afrique Du Nord (1986), Mohamed Mouaqit
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper reviews the twenty-fifth volume of the Annuaire de l'Afrique du Nord (published in 1988), which is devoted to the theme of housing under the title "Housing, State and Society in the Maghreb." The author, Mohamed Mouaqit, summarizes studies covering Algeria, Tunisia, and Morocco, organized around four sub-themes: housing policies, urban housing and land rights, production and practices of inhabited space, and housing in rural social transformations. The review highlights that all contributors agree on the lack of effectiveness of state action, poor prioritization, and the failure to connect housing policy to broader development strategies. The volume underscores the …
The Concept Of Maritime Wrecks, Farid Hatimy
The Concept Of Maritime Wrecks, Farid Hatimy
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the concept of maritime wrecks under Moroccan law, addressing the high number of shipwrecks and ancient wrecks found along Morocco's maritime public domain. The author, Farid Hatimy, highlights the concentration of wrecks near major ports, coastal capes, and other hazardous areas, posing risks to navigation, marine environment, and public health. The paper notes that wrecks often occupy port public domain, remain unmarked, and result from adverse weather, international hostilities, or human negligence. The author emphasizes the difficulty posed by the absence of a legal definition of "wreck" and the confusion with similar concepts, aiming to clarify the …
Presentation Of The Work: "The Arab Regional System", Mohamed Bennouna
Presentation Of The Work: "The Arab Regional System", Mohamed Bennouna
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents a collective work edited by Maurice Flory and Pierre-Sateh Agathe, published by CNRS in 1989, which aims to fill a gap in European-language bibliography on the Arab regional system. The author, Mohamed Bennouna, highlights the importance of this publication at a time when the Arab world seeks to overcome internal divisions and speak with a more united voice on critical issues such as the Middle East, Palestine, Lebanon, and the Iran-Iraq conflict. The paper discusses Professor Sadok Belaïd's assessment of whether an Arab regional system truly exists, noting progress from "coordination" to "cooperation" while acknowledging structural deficiencies …
Political Struggle, Mohamed Ghomari
Political Struggle, Mohamed Ghomari
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the concept of political struggle as a fundamental characteristic of any society with organized political power. The author, Mohamed Ghomari, defines political struggle as confrontation between opposing forces over the control of power and the modification of social relations, particularly the command-obedience dynamic. The paper identifies two dominant forms of political struggle: class struggle, drawing on Marx and Engels' assertion that all history is the history of class conflict, and struggle between individuals or groups vying for power or its preservation. The analysis explores whether such struggle manifests as latent or open conflict, potentially ending in class …
Islam, Orientalism, And Social Sciences: The Berquian Approach, Mohamed Mouaqit
Islam, Orientalism, And Social Sciences: The Berquian Approach, Mohamed Mouaqit
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the epistemological challenges of orientalism through the lens of the Berquian approach. The author, Mohamed Mouaqit, explores the dual relationship inherent in orientalism: the researcher's relationship to their object of study, and the relationship between cultures. The paper questions whether orientalism can claim scientific status in the social sciences while being situated within an intercultural dynamic shaped by power imbalances. The author contrasts the position of the orientalist, who possesses an "excentric" distance from the studied society, with that of the researcher studying their own society. The paper engages with debates on whether orientalism constitutes a distinct …
Is The Surviving Spouse A Reserved Heir In Moroccan Law?, Mohamed Chafi
Is The Surviving Spouse A Reserved Heir In Moroccan Law?, Mohamed Chafi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines whether the surviving spouse qualifies as a reserved heir under Moroccan personal status law, which is inspired by Islamic jurisprudence. The author, Mohamed Chafi, explains that Moroccan law grants hereditary rights to the surviving spouse despite the complete separation of patrimonies during marriage. Spouses are classified among the "fard" heirs—those entitled to mandatory fixed shares, including one-half, one-quarter, one-eighth, two-thirds, or one-sixth of the estate. However, the paper highlights that while reciprocal inheritance rights exist between spouses, equality in distribution is not guaranteed, as the law maintains male privilege in accordance with the Quranic rule.
Information Law, Ahmed Hidass
Information Law, Ahmed Hidass
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the evolving scope of information law in response to the proliferation of media over the past three decades. The author, Ahmed Hidass, explores how the term "information" has expanded from its ordinary meaning—the act of gathering and disseminating knowledge—to encompass judicial procedures, scientific applications (including cybernetics and computing), and the broader field of communication. The paper highlights the conceptual confusion arising from the overlap between "information" and "communication," particularly influenced by the Anglo-Saxon school of media studies. The author defines information as the publication of knowledge or judgments through words, sounds, images, or any intelligible signs accessible …
The Casablanca Stock Exchange: A Support For Privatization Operations?, Rachid Belkahia
The Casablanca Stock Exchange: A Support For Privatization Operations?, Rachid Belkahia
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines whether the Casablanca Stock Exchange can serve as an effective vehicle for privatization operations in Morocco. The author, Rachid Belkahia, outlines the essential functions of a stock market in a liberal economy: primary market functions for mobilizing savings and providing long-term financing, secondary market functions for ensuring liquidity, continuous asset valuation, and facilitating industrial restructuring. The author emphasizes that an efficient stock market provides accurate price signals for both corporate managers and investors. The paper implicitly questions whether the Casablanca Stock Exchange possesses the necessary depth, efficiency, and maturity to successfully support large-scale privatization programs.
International Technological Relations: Imported Technologies Are Inadequate For The Needs Of Peripheral Countries, Kacem Taj
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines why technologies transferred from developed to peripheral countries are often ill-suited to local needs. The author, Kacem Taj, argues that this inadequacy stems from the deep linkage between technology and the socio-economic system in which it was developed. Transferred technologies reflect not only scientific gaps but also economic, cultural, and political distances between nations. The author notes the lack of systematic criteria for measuring technological gaps, and points out that quantitative indicators such as productivity or capital intensity sometimes yield contradictory results. The paper emphasizes that the technological divide remains one of the principal causes of widening …
The Scientific Decision-Making Process In Interpreting Economic Phenomena For Development Action, Mohamed Benchekroun Karimi
The Scientific Decision-Making Process In Interpreting Economic Phenomena For Development Action, Mohamed Benchekroun Karimi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the scientific approach to decision-making in the interpretation of economic phenomena for development purposes. The author, Mohamed Benchekroun Karimi, argues that decision-makers at all levels must rationalize human, financial, material, and technological resources while considering the time factor. The analysis is structured around key management functions: planning, organization, direction, and control. These objectives are pursued through frameworks such as Management Science, Operations Research, or Decision Science. In a rapidly changing society, public and private organizations must rationally confront complex interrelations, clearly understanding their direction, objectives, and actions to ensure efficiency and achieve organizational goals.
The Economic Thought Of Classical Islam, L Baeck
The Economic Thought Of Classical Islam, L Baeck
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the often-overlooked contribution of classical Islamic thought to the history of economic ideas. The author, L. Baeck, criticizes mainstream economics textbooks for neglecting Islamic scholarship, typically tracing economic thought only from Greek philosophers, through scholasticism, to Adam Smith and the neoclassical school. The paper highlights that Aristotle's economic analyses profoundly influenced successive Mediterranean cultures, including Islamic thinkers, yet this intellectual heritage remains largely ignored. The author notes that authentic sources on economic thought in the classical Islamic world (750–1250) are scattered across Persian and Arabic documents, and Western orientalists have paid little attention to their economic content.
The Diffusion Of Economic Influence Through Transport Infrastructure, Tarik Ezzaki
The Diffusion Of Economic Influence Through Transport Infrastructure, Tarik Ezzaki
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the relationship between transport infrastructure and economic development, challenging the assumption that transport supply directly stimulates regional growth. The author, Tarik Ezzaki, traces the evolution of transport planning from sectoral optimization based on direct benefits to broader approaches incorporating indirect effects on territorial development. Through field studies and direct contact with economic agents, the author finds that spatial distribution of economic development does not necessarily depend on road infrastructure placement. Instead, transport equipment serves more as an element of regional image than a direct stimulant. The paper emphasizes the importance of understanding the role of medium-sized cities …
The Mosape Model: Design And Uses, Fouzi Mourji
The Mosape Model: Design And Uses, Fouzi Mourji
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents the MOSAPE model (Modèle de Simulations, d'Analyse et de Prévisions Economiques), developed and used by the Division of Studies and Financial Forecasts at the Moroccan Ministry of Finance. The author, Fouzi Mourji, describes the model's objectives as a decision-support tool for macroeconomic forecasting and policy evaluation. Derived from the Input-Output Table, MOSAPE is designed to assess the macroeconomic impact of economic policy measures. The paper outlines the model's structure and articulation, discusses its applications for short-term forecasting and policy simulations, presents illustrative variants, and acknowledges its limitations while suggesting future improvements.
Budget Deficit And Inflation Tax, Ahmed Zejly
Budget Deficit And Inflation Tax, Ahmed Zejly
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper examines the relationship between the state budget deficit and the inflation tax, challenging the traditional Keynesian view that higher deficits stimulate economic activity. The author, Ahmed Zejly, argues that conventional deficit definitions overlook resource transfers caused by price increases between the state budget and other economic agents, thereby overestimating the true deficit. Using Moroccan data, the paper proposes a refined definition that accounts for these inflationary transfers. It also explores the limits of using the inflation tax as a means of financing the budget deficit. The analysis contributes to a more nuanced understanding of fiscal policy and its …
Spin-Offs And Business Creation: Elements For Reflection, Rachid Belkahia
Spin-Offs And Business Creation: Elements For Reflection, Rachid Belkahia
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper reflects on the recent revival of entrepreneurship and the renewed recognition of firms as engines of innovation and wealth creation. The author, R. Belkahia, highlights the particular attention given by public authorities to the creation and promotion of SMEs, which offer advantages such as greater responsiveness, adaptability, and job creation compared to large enterprises. Despite various incentive measures, particularly in financing, business creation remains a marginal phenomenon. The paper identifies psychological factors, administrative burdens, and banks' asset-based approaches as key deterrents. The author calls for a deeper understanding of these barriers to foster a more dynamic entrepreneurial ecosystem.
Revisiting The Concept Of Working Capital Requirements, Najib Ibn Abdeljalil
Revisiting The Concept Of Working Capital Requirements, Najib Ibn Abdeljalil
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper revisits the concept of working capital requirements (WCR), emphasizing its critical importance in both short-term financing and investment decisions. The author, Najib Ibn Abdeljalil, argues that covering WCR entirely with short-term resources undermines profitability and increases financial risk, while insufficient stable funding can jeopardize entire projects. Although the necessity of integrating WCR into stable financing is well established, its evaluation—particularly for forecasting purposes—remains challenging. This paper aims to enrich existing evaluation methods by proposing a more economic approach based on the internal knowledge of the firm and its operational characteristics, specifically focusing on the operating WCR of industrial …
Some Applications Of The Moroccan Input-Output Table (Iot) For 1980, Clive S Gray
Some Applications Of The Moroccan Input-Output Table (Iot) For 1980, Clive S Gray
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents operations performed on the most recent Moroccan Input-Output Table (based on 1980 data) to facilitate its use for policy simulations. The author, Clive S. Gray, examines the sectoral cost repercussions of external shocks, such as a 10% increase in imported crude oil prices or in electricity and water tariffs. Additionally, the study evaluates the additional demand for imports and intermediate consumption resulting from 100 million DH increases in final demand across seven aggregated branches of the Moroccan economy. Due to the unavailability of sectoral breakdowns for commercial services, imports, and credit, simplifying assumptions and branch aggregation are …
The Issue Of Opening The Capital Account And The Goods And Services Account In The Process Of Liberalizing External Transactions, Mohamed El Qorchi
The Issue Of Opening The Capital Account And The Goods And Services Account In The Process Of Liberalizing External Transactions, Mohamed El Qorchi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the theoretical underpinnings and macroeconomic implications of liberalizing external transactions, specifically focusing on the opening of the capital account and the goods and services account. The author, Mohamed El Qorchi, does not take a position for or against liberalization, but rather seeks to draw theoretical lessons and highlight the consequences of implementing such a process. The analysis addresses how economic theory approaches the interactions between macroeconomic variables following liberalization, emphasizing the need to resolve internal distortions in goods and capital markets before pursuing external opening. The study underscores the importance of reducing inflationary financing and establishing sound …
Presentation On Scientific Activities Related To Environmental Law, Mahjoub El Haiba El Haiba
Presentation On Scientific Activities Related To Environmental Law, Mahjoub El Haiba El Haiba
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Environmental problems have a global character due to the interdependence of biosphere components, yet they also have significant local dimensions. Climate change and the greenhouse effect, which have intensified in recent decades, pose serious threats to biological balance and endanger human, plant, and animal life. While these issues demand global solutions, local responsibility remains crucial, as the causes and impacts vary across regions. This presentation highlights the scientific activities of the Moroccan Association for Environmental Law, which organizes events—such as roundtables on ozone layer protection—aimed at bridging scientific knowledge and legal frameworks to address both global and local environmental challenges …
The Political, Economic, And Social Situation Of Arab Women: 1975–1985, Mohamed Talal
The Political, Economic, And Social Situation Of Arab Women: 1975–1985, Mohamed Talal
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This doctoral thesis examines the political, economic, and social status of Arab women between 1975 and 1985, as reflected in the written press. The author, Mohamed Talal, argues that traditional family structures, particularly the patriarchal authority of the father, have historically placed women in a subordinate position. This dynamic, reinforced by social customs and values, extends beyond the household into broader society. The study highlights the voluntary and involuntary forms of dependency that limit women's agency and participation. By analyzing media representations, the research aims to shed light on the structural inequalities and the evolving discourse surrounding Arab women during …
Monetary Policy Developments In Saudi Arabia Under Economic Planning, Abdelmoula Chourbachi
Monetary Policy Developments In Saudi Arabia Under Economic Planning, Abdelmoula Chourbachi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Since 1970 (1390 AH), Saudi Arabia has pursued comprehensive economic and social development planning, beginning with its First Five-Year Plan. This approach has emphasized efficient financial resource management and significant attention to the monetary and financial sector. Monetary planning has driven structural changes in the economy, influencing the central bank (SAMA), commercial banks, and lending funds, as well as the instruments of monetary policy. Monetary policy plays a key role in controlling the money supply, managing liquidity, and influencing credit availability and costs. This study analyzes the major transformations in monetary policy during the first three development plans (1970–1985) and …
Relative And Causal Exemptions In The Marine Insurance Contract, Mokhtar Attar
Relative And Causal Exemptions In The Marine Insurance Contract, Mokhtar Attar
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Maritime navigation, despite its importance, is inherently fraught with risks, including natural perils like storms, shipwreck, grounding, and collision, as well as risks related to the vessel itself. Historically, wooden sailing ships were highly vulnerable to such hazards. With technological advances—steam power, electricity, and nuclear energy—shipbuilding evolved, producing more resilient metal vessels with sophisticated machinery. However, modern ships are not immune to accidents; technical failures in engines or equipment can still lead to significant losses. To mitigate these risks and compensate for maritime damages, marine insurance emerged as a crucial mechanism for protecting cargo and vessels, thereby supporting global maritime …
Relations Between The Maghreb Countries And The Common European Market In Light Of The Establishment Of The Arab Maghreb Union, Abdelatif Benjelloun
Relations Between The Maghreb Countries And The Common European Market In Light Of The Establishment Of The Arab Maghreb Union, Abdelatif Benjelloun
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Historically, relations between European nations and the Maghreb countries have had a distinct character, rooted in ancient human history. In the modern era, with the creation of the European Community in the 1950s (ECSC in 1951, Treaty of Rome in 1957), Europe was rebuilding after WWII with US aid. At the same time, the Maghreb remained under colonial rule (French, Spanish, Italian). This paper examines the evolving dynamics between the expanding European bloc and the Maghreb states, highlighting the impact of European integration and the subsequent establishment of the Arab Maghreb Union on their mutual relations.
Toward A More Humane Labor Law, Abdellah Boudahrain
Toward A More Humane Labor Law, Abdellah Boudahrain
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Law in general consists of rules of conduct imposed on individuals to govern human relations; it does not arise from nothing but emanates directly from fundamental choices, varying from one country to another and across a country's own evolutions and regimes. Labor law in particular is the product of a "social context" and a "human reality" of a given period, as much as of economic data and technological development—labor law in a rural society differs from that of an industrial or post-industrial information society. The author questions what can be said of the labor law of an underdeveloped country like …
Settlement Agreements And Social Law, Azzedine Kettani
Settlement Agreements And Social Law, Azzedine Kettani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Social litigation increasingly fuels the activity of the courts. Employers tend to feel that judges are growing ever more lenient toward employees and that social trials systematically favor them, while employees, for their part, are dissatisfied with the slowness of proceedings—a slowness that varies from one jurisdiction to another, mirrored by inconsistent case law on compensation for abusive dismissal. To avoid judicial delay and the unpleasant surprises of court decisions, employers have, especially over the past decade, resorted to various devices, the most common being the so-called "negotiated resignation," whereby the employer effectively buys the employee's departure—a practice viewed with …
Work, Take Pains…, Mohieddine Amzazi
Work, Take Pains…, Mohieddine Amzazi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Borrowing its title from La Fontaine's well-known fable—and playing on the dual meaning of "peine" as both effort and penal punishment—this contribution invites a broadening of the field of reflection to encompass the labor of prisoners. The author stresses that the penitentiary question must not be excluded from scholarly concern, even though the dominant attitude toward it is one of indifference. This indifference is, first, that of the legislator: prison has scarcely drawn legislative attention since 1930, when limited amendments were made to an already older body of basic legislation. It is also the indifference of public authorities, hesitant to …
Dismissal In Case Law, Farid El Bacha
Dismissal In Case Law, Farid El Bacha
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
With rare exceptions, the analysis of social jurisdiction has focused on its institutional aspect rather than on its rule-producing, jurisprudential dimension—reflecting a perception that little can be expected of a court integrated into the State and applying outdated law, and the image of a social judge insensitive to the demands of justice and equity, a mere servant of the law preserving the established order. The author argues that this view must be nuanced: it is possible to speak of a creative social jurisprudence, illustrated through the particularly sensitive terrain of dismissal. Examining the judge's real role and freedom in the …
Historical Foundations And Nature Of Social Protection In Morocco, Faouzi Britel
Historical Foundations And Nature Of Social Protection In Morocco, Faouzi Britel
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Although the term "social security" appeared only late in a legal text—the American Social Security Act of 14 August 1935—the underlying concept is far older. As early as 1794, a convention appeal proclaimed the principle of universal social and retirement protection, asserting the citizen's right to work when able, to education as a child, and to public assistance in infirmity or old age, and calling on the nation to enshrine such rights within an organized democracy. The full consecration of the expression "social security" nonetheless awaited the Universal Declaration of Human Rights of 10 December 1948, which guaranteed security against …