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Full-Text Articles in Law and Economics

The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez Jun 2026

The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez

Journal of Financial Crises

The Global Financial Crisis of 2007–2009 showed that a substantial portion of funds borrowed by a state from a lender of last resort may be allocated to bank recapitalization. While national recapitalization funds are not themselves borrowers, they play a key role in recovery operations. This article analyses how lenders, such as the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF), incorporate recapitalization funds into their lending framework and how they deal with extraordinary events, such as corporate transformations or liquidation of these funds. To do this, we formulate three key principles that a lender may consider …

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الفائدة, إدمون نديم شماس Jun 2026

الفائدة, إدمون نديم شماس

Proche-Orient, Études juridiques

No abstract provided.

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La Position Contractuelle Sur Les Marchés Financiers, Gisèle Zouein Jun 2026

La Position Contractuelle Sur Les Marchés Financiers, Gisèle Zouein

Proche-Orient, Études juridiques

No abstract provided.

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Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige Jun 2026

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

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The Teaching Of Human Rights In The Arab World, Khadija Elmadmad Jun 2026

The Teaching Of Human Rights In The Arab World, Khadija Elmadmad

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

For a long time, human rights were a taboo subject in most Arab countries. Only ten Arab states have ratified the International Covenant on Civil and Political Rights, and most fail to submit reports on time. No Arab country has adhered to the 1984 Convention against Torture. Despite an abundance of draft projects and declarations, no binding human rights instrument exists in the region. However, a recent trend toward promotion and teaching of human rights has emerged, with several seminars and conferences organised, including events in Cairo, Kuwait, and preparations for the 1987 World Congress on Human Rights Teaching in …

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Note On The Thesis Of Mr. Mohammed El Faiz: "Economic And Agrotechnical Conceptions In The Book Of 'Nabatean Agriculture' — Research On The Origins Of Arab-Muslim Rural Thought", Mostafa Qarouach Jun 2026

Note On The Thesis Of Mr. Mohammed El Faiz: "Economic And Agrotechnical Conceptions In The Book Of 'Nabatean Agriculture' — Research On The Origins Of Arab-Muslim Rural Thought", Mostafa Qarouach

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

Mr. Mohammed El Faiz's doctoral thesis presents a vast, multidisciplinary investigation into the origins of Arab-Muslim rural thought through a close analysis of the Book of Nabatean Agriculture, an agricultural economics text from pre-Islamic Iraq compiled by Qutama in the 3rd–4th centuries. The research extends beyond agronomy to encompass history of science and technology, modes of production, farm management, human resource economics, foreign trade, and food economics. Faithful to the legacy of the late Belal A., El Faiz aims to identify the scientific heritage of Arab-Muslim civilisation and integrate it into a contemporary economic development strategy.

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Administrative Control Of Public Finances: A System In Crisis, Mustapha El Ktiri Jun 2026

Administrative Control Of Public Finances: A System In Crisis, Mustapha El Ktiri

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

Administrative control of public finances is a fundamental prerogative of state authority, ensuring sound management of public funds within the framework of the separation of powers. This control serves a dual purpose: political and legal justification—ensuring respect for parliamentary authorisation regarding public revenues and expenditures—and technical or administrative justification—guaranteeing efficient financial management and good financial order. The author examines how this control system, rooted in classical theory, now faces a crisis. The analysis highlights tensions between traditional control mechanisms and contemporary challenges, questioning whether the current system remains adequate for ensuring effective public financial governance.

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Stay Of Execution In Administrative Matters: Practice And Jurisprudential Policy, Mohamed Ngassi Saqout Jun 2026

Stay Of Execution In Administrative Matters: Practice And Jurisprudential Policy, Mohamed Ngassi Saqout

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

The stay of execution (sursis à exécution) in administrative law must be understood within its philosophical context. Any legal system rests on an ideal, and administrative law is fundamentally grounded in the principle of administration's submission to law under judicial control. Far from being mere technical questions, administrative law norms and institutions carry political and ideological meaning, seeking to balance two legitimate but contradictory demands: protecting individual rights against despotic administrative power, while safeguarding the necessary authority of the state. The author examines how jurisprudential practice navigates this tension through the stay of execution mechanism.

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Forms And Modalities Of Agrarian Capitalism Development In Morocco, Abdeslam Seddiki Jun 2026

Forms And Modalities Of Agrarian Capitalism Development In Morocco, Abdeslam Seddiki

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

Over the past two decades, Moroccan agriculture has undergone significant transformations. Its share of GDP fell from 21% (1965-70) to 12% (1980-85), while agricultural employment dropped from 58% to 40% of the active population. Agricultural exports declined from 62% to 21% of total exports, while agricultural imports remained stable at around 25%. Agriculture now accounts for 25-30% of both the trade deficit and external debt. The author presents a doctoral thesis examining these developments, analysing the forms and modalities of capitalist penetration in Moroccan agriculture, and outlining the structural changes reshaping the sector.

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The Religious Character Of Divorce And Legal Separation Before The Supreme Court, Fatna Sarehane Jun 2026

The Religious Character Of Divorce And Legal Separation Before The Supreme Court, Fatna Sarehane

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

Under Moroccan private international law, divorce and legal separation of foreigners in Morocco are governed by Article 9 of the D.C.C., which refers to their national law. During the Protectorate and early independence, combined with Article 394 of the former civil procedure code, this led Moroccan courts to defer jurisdiction to ecclesiastical authorities when the foreigner's personal law imposed religious formalities. Some decisions even invoked foreign public policy to justify non-competence. The author examines how this created tensions between religious requirements and secular judicial procedures, particularly concerning the distinction between substantive and formal rules.

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Notes On The Budget Settlement Law, Abdelkbir Fikri Fikri Jun 2026

Notes On The Budget Settlement Law, Abdelkbir Fikri Fikri

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

The budget settlement law is an essential mechanism for parliamentary ex-post control of public finances, providing an accounting verification and retroactive validation of the annual budget. According to Morocco's 1972 organic finance law, it certifies annual financial results and approves variances from forecasts. However, during the 1977-1983 legislature, these laws were simply ignored—despite the imperative legislative deadline requiring submission within two years following budget execution. The author attributes this to multiple factors: ministry inertia, parliamentary disinterest, and Court of Accounts disengagement. The government eventually submitted three settlement bills in April 1987 for the 1979–1981 fiscal years, though parliamentary debate remained …

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Reflections On Regional Planning: The Case Of Morocco, Ahmed Trachen Jun 2026

Reflections On Regional Planning: The Case Of Morocco, Ahmed Trachen

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

Regional planning constitutes a spatial economic policy, inseparable from spatial theories. Although space integration into economic analysis began in the last century, regional planning as an explicit policy only emerged after World War II. Today, it appears essential for all countries—whether developed (reducing regional disparities, environmental protection), centrally planned (curbing rural exodus, developing medium-sized towns), or less advanced (mobilising productive resources, reducing spatial inequalities). The author examines Morocco's specific challenges in this domain, highlighting how spatial planning policies must address the country's unique geographic, demographic, and economic characteristics to achieve balanced territorial development.

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Case Law Chronicle: Judgment Of 14 September 1977 By The First Civil Chamber Of The Supreme Court, Jacques Melia Jun 2026

Case Law Chronicle: Judgment Of 14 September 1977 By The First Civil Chamber Of The Supreme Court, Jacques Melia

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

This case law commentary examines a Supreme Court judgment concerning a will drafted by a foreigner in Morocco. The Court addressed the nullity of a testamentary disposition on grounds of stupre (moral turpitude) which tainted the liberality, even where such illicit cause was not the sole motivation. The decision invoked Articles 62 and 65 of the D.O.C., alongside Moroccan good morals, public order, and decency. Additionally, the Court considered the imperative nature of referral (évocation) under Article 368 D.P.C., allowing the Supreme Court to rule on the merits where all material elements were established before the trial judge.

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Property And Environment In Morocco: Heterogeneity And Ambivalence, Mohamed Ali Mekouar Jun 2026

Property And Environment In Morocco: Heterogeneity And Ambivalence, Mohamed Ali Mekouar

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

Property is a fundamental institution linking humanity to the goods it appropriates. The author explores the complex relationship between property rights and environmental protection in Morocco, highlighting the heterogeneity and ambivalence inherent in this connection. Drawing on the philosophical perspective that "land does not belong to humans, but humans belong to the land," the analysis examines how property—though deeply embedded in human condition and legal systems—creates tensions between exclusive appropriation and environmental stewardship. The Moroccan context reveals diverse forms of property regimes and conflicting interests, raising critical questions about balancing private rights with collective environmental imperatives.

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Shipwrecks: A Genuine Pollution Risk, Farid Hatimy Jun 2026

Shipwrecks: A Genuine Pollution Risk, Farid Hatimy

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

Marine pollution, defined as the introduction by humans of substances or energy into the marine environment causing harmful effects, is often associated with major maritime accidents. Modern vessels carrying immense cargoes and large quantities of fuel pose significant threats when reduced to shipwrecks through incidents such as breakage, grounding, sinking, or explosion. These shipwrecks represent a genuine risk of accidental—rather than operational—pollution. The author examines how such maritime disasters endanger marine ecosystems, biological resources, human health, and maritime activities including fishing and leisure, highlighting the critical need for effective prevention and intervention measures.

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The Administration Of Value Added Tax In Africa: The Case Of Morocco, Mostafa Rhomari Jun 2026

The Administration Of Value Added Tax In Africa: The Case Of Morocco, Mostafa Rhomari

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

Value Added Tax (VAT) requires a highly experienced, efficient, and absolutely integrous tax administration capable of handling complex operations: determining the tax base, assessing taxable amounts, liquidation, and meticulous examination of business accounts. However, African tax administrations often prefer simple, easy-to-apply procedures. In countries like Morocco, applying VAT to numerous small taxpayers—including a high percentage of retailers and service enterprises—poses significant challenges. Collection involves costly formalities that can sharply increase collection costs, a particular burden where only a small budget share is allocated to tax services. The author examines these administrative constraints that complicate effective VAT implementation in developing African …

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The Child Born Out Of Wedlock In Morocco, Mohamed Chafi Jun 2026

The Child Born Out Of Wedlock In Morocco, Mohamed Chafi

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

Unlike French law, which recognises legitimate, natural, adulterine, and adoptive filiation, Moroccan law only acknowledges legitimate blood filiation. Marriage is the exclusive foundation of family ties; adoption is formally prohibited, and extramarital sexual relations as well as adultery are criminally sanctioned. A child born out of wedlock cannot be recognised by the father nor establish natural paternity, nor can the father legitimise the child through subsequent marriage. Consequently, the illegitimate child finds themselves in a situation comparable to that of adulterine children in pre-Revolutionary France, effectively devoid of any legal relationship with their biological father.

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Women, Economy And Culture In Morocco, Thérèse Benjelloun Jun 2026

Women, Economy And Culture In Morocco, Thérèse Benjelloun

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

The degree of women's emancipation in any society is an irreversible indicator of its level of development—perhaps more telling than GDP or energy consumption. In Morocco, the evolution of women's economic role is intrinsically linked to broader social and cultural transformations. Though women constitute nearly half the population, they remain a political minority. Yet their social role is culturally crucial, as they primarily raise children and transmit values to future generations. The author argues that examining women's economic participation—both past and present—reveals how their position, recognised aptitudes, and limitations shape Morocco's development trajectory.

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The Impact Of Privatisation On The Urban Public Transport Sector In Morocco, Brahim Rachidi Jun 2026

The Impact Of Privatisation On The Urban Public Transport Sector In Morocco, Brahim Rachidi

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

Morocco's urban transport systems face a structural crisis marked by a chronic imbalance between supply and demand, exacerbated by rapid anarchic urbanisation, economic dependence on Casablanca, and deep imbalances between productive activities and urban structures. In response, public authorities have adopted a new policy introducing private operators into the urban public transport sector. This shift is expected to have profound repercussions on public transport companies, particularly the Autonomous Urban Transport Authorities. The author analyses the efficiency and effects of this privatisation policy, highlighting the specific characteristics of Morocco's urban transport system.

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The Public Service Concession: The Case Of Urban Public Transport In Casablanca, Abdelfattah Eddahbi Jun 2026

The Public Service Concession: The Case Of Urban Public Transport In Casablanca, Abdelfattah Eddahbi

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

The concession model for managing public services has recently gained renewed interest in Moroccan administrative law, driven by public authorities' desire to involve national private capital in managing public-interest activities. The case of urban bus transport in Casablanca illustrates this trend. Rapid demographic growth—from approximately 1 million inhabitants in 1960 to over 2.5 million in 1985—combined with a near-doubling of urbanised area over two decades, has created a situation increasingly difficult to manage. The author examines how the concession technique offers a potential solution to these mounting challenges.

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The Political And Ideological Function Of Public Service, Mohamed Ghomari Jun 2026

The Political And Ideological Function Of Public Service, Mohamed Ghomari

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

The role of administration within society is shaped by the ideology and policies of the state, ranging from interventionist to laissez-faire approaches. However, no state can entirely forgo socio-economic action without losing credibility. In Morocco, public services have existed since the Idrissid dynasty, rooted in Islamic ideology. Under the Protectorate, the French concept of public service reinforced administrative action across all sectors, serving the colonial power's strategy. The author examines how public service functions as both a political instrument and an ideological vehicle, reflecting the evolving relationship between state, society, and national development objectives.

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Less State, Better State, Rachid Belkahia Jun 2026

Less State, Better State, Rachid Belkahia

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

The debate between public and private sectors has intensified, as many liberal countries since the late 1970s have sought to reduce state intervention. The author draws on a 1988 Royal Moroccan speech advocating a shift from the state as a provider to a facilitator and guarantor of a well-functioning liberal economy. This movement, rooted in libertarian values, rehabilitates private enterprise as the primary source of wealth creation. The article questions whether the state should remain in sectors where it underperforms, arguing for a redefinition of its role towards greater efficiency and a focus on its core functions.

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Sovereignty Between "Old Orders" And "New Orders", Mohamed El Kouhene Jun 2026

Sovereignty Between "Old Orders" And "New Orders", Mohamed El Kouhene

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

In recent years, numerous proposals for new international orders—economic, informational, cultural, humanitarian, and commercial—have emerged, each promising transformative change. Sovereignty remains central to these debates, as new orders redefine states' rights and obligations, making sovereignty inherently relative. Beyond inter-state relations, new actors and factors now challenge traditional conceptions of sovereignty in an increasingly interdependent world. The author explores how these "new orders" impose reciprocal limits on state power, reflecting a shift from purely state-centric interests toward broader global solidarity. This evolution complicates the classical legal and political understanding of sovereignty as absolute and territorial.

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Determining The Legal Nature Of The Exhaustion Of Local Remedies Rule: A Question Finally Resolved?, Abdelhamid El Ouali Jun 2026

Determining The Legal Nature Of The Exhaustion Of Local Remedies Rule: A Question Finally Resolved?, Abdelhamid El Ouali

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

It is widely accepted that the exhaustion of local remedies by foreigners is a precondition for invoking the international responsibility of a state. Scholars such as Panayotacos and Judge Ago, as well as the International Court of Justice in the interhandel case, affirm its customary international law status. However, the author notes that this near-unanimity is not absolute, as some scholars (e.g., Ténékidès, Friedmann) have contested its customary character. The article critically examines whether the rule's legal nature has indeed been definitively settled, highlighting enduring doctrinal disagreements that challenge the consensus on its customary status.

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The Limits Of Consensus In The Practice Of An International Organisation: The Example Of Unesco, Abderrazak Nefzaoui Jun 2026

The Limits Of Consensus In The Practice Of An International Organisation: The Example Of Unesco, Abderrazak Nefzaoui

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

Although UNESCO’s Constitution provides for majority voting, the organisation has historically favoured consensus to preserve its moral and intellectual authority. However, consensus was formally introduced in 1976 not as an ideal but as a crisis-management tool, following divisive issues such as Israel’s regional exclusion, budget arrears, disagreements over the New International Economic Order, and internal secretariat tensions. The practice reveals that consensus, far from being a natural expression of unity, emerged from political necessity and carries inherent limits. It reflects the tension between UNESCO’s humanistic aspirations and the pragmatic constraints of member-state diplomacy.

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Reform And Codification Of Labor Law: Mission Of A Code, Ahmed El Aouani Jun 2026

Reform And Codification Of Labor Law: Mission Of A Code, Ahmed El Aouani

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

This article addresses the urgent need for labor law reform and codification in Morocco. The author notes that despite major transformations in the employment market—including privatization and economic liberalization—labor legislation remains largely unchanged since the first three years of independence. The current legal framework reflects a bygone era of state monopoly over unions and the state's role as the primary employer. The author argues that codification is not merely about compiling scattered texts but fundamentally requires a comprehensive reform aligned with contemporary professional relations. The article questions the logic of privatizing vital economic sectors without simultaneously reforming the legal framework …

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The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar, Souni El Jilali Jun 2026

The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar, Souni El Jilali

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

This master's thesis examines the legal dimensions of the proposed permanent fixed link between Africa and Europe across the Strait of Gibraltar. The project was initiated following the 1979 visit of Spanish King Juan Carlos I to Morocco, driven by the shared vision of King Hassan II and King Juan Carlos to strengthen Moroccan-Spanish relations. A general agreement on scientific and technical cooperation was signed between the two countries in November 1979. The study explores the legal frameworks, bilateral treaties, and international law implications surrounding this ambitious infrastructure project. The thesis was defended on November 2, 1987, at the Faculty …

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Judgment And Commentary, Azzeddine Bensetti Jun 2026

Judgment And Commentary, Azzeddine Bensetti

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

This legal commentary analyzes two decisions by the Moroccan Supreme Court concerning commercial goodwill and registration requirements. The first decision (No. 653, December 5, 1979) establishes that a person regularly registered in the commercial register is presumed to be the apparent owner of commercial goodwill. It further rules that potential creditors of the seller of commercial goodwill cannot challenge a sale against third parties unless they contest it within the statutory time limits set forth in Article 4 of the Dahir of December 31, 1914. The second decision (No. 403, February 20, 1985) complements and reinforces the first ruling. The …

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The Seals Of Notaries And Their Evidentiary Value In Moroccan Law, Mohamed El Kachbour Jun 2026

The Seals Of Notaries And Their Evidentiary Value In Moroccan Law, Mohamed El Kachbour

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

This master's thesis, defended in July 1988 at the Faculty of Law in Casablanca, examines the legal evidentiary value of notarial seals in Moroccan legislation. The research addresses a topic that had received little attention in Moroccan legal scholarship, beyond a few scattered articles. The study explores the probative force of notarial instruments, their authenticity, and their role in civil procedure and evidence law. The thesis was awarded a grade of 16/20 and recommended for publication by the examining committee. The work remains a significant contribution to Moroccan legal doctrine on notarial evidence and judicial proof.

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Toward Mitigating The Effects Of War On The Environment, Mahjoub El Haiba Jun 2026

Toward Mitigating The Effects Of War On The Environment, Mahjoub El Haiba

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

War consistently devastates natural and human resources, causing death, destruction, and severe environmental damage. The environmental impact has intensified with the development of advanced weapons, technologies, and methods of armed conflict. These effects are often direct and immediate, but can also be delayed or long-lasting, sometimes deliberately targeting ecological systems as a war objective. The danger escalates when technologies enable artificial modification of ecosystems, such as creating artificial clouds or torrential rains. This text is based on a conference presentation given in Casablanca in 1986, during the International Year of Peace, emphasizing the urgent need to address war’s ecological consequences.

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