The Public Service Concession: The Case Of Urban Public Transport In Casablanca,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
The Political And Ideological Function Of Public Service,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
Less State, Better State,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
Sovereignty Between "Old Orders" And "New Orders",
2026
UH2C Press
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.
Determining The Legal Nature Of The Exhaustion Of Local Remedies Rule: A Question Finally Resolved?,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
The Limits Of Consensus In The Practice Of An International Organisation: The Example Of Unesco,
2026
UH2C Press
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.
Reform And Codification Of Labor Law: Mission Of A Code,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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 …
The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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 …
Judgment And Commentary,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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 …
The Seals Of Notaries And Their Evidentiary Value In Moroccan Law,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
Toward Mitigating The Effects Of War On The Environment,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
Pay-To-Play,
2026
Brigham Young University Law School
Pay-To-Play, Gad Weiss
BYU Law Review
Pay-to-play clauses are a surprisingly understudied feature of venture capital financing deals. These provisions are designed to act as enforcement agents, securing investors’ long-term commitment by penalizing those who decline to provide additional funding when their portfolio startups come calling. Through an analysis of a novel dataset of pay-to-play clauses, this paper uncovers surprising patterns in how U.S. startups design and deploy them—most notably, their tendency to discriminate among investors despite legal guidance suggesting otherwise. The paper illustrates how pay-to-play clauses can increase enterprise value by addressing flaws in startups’ governance and capital structures, preventing destructive “chicken” games among investor …
Algorithmic Tax Ownership Young Ran (Christine) Kim &,
2026
Brigham Young University Law School
Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin
BYU Law Review
Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …
The Difficulties Of Property Development,
2026
FSJESAC Hassan II University of Casablanca
The Difficulties Of Property Development, A. Amrani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents the difficulties encountered by the Compagnie Générale Immobilière (CGI) in the real estate sector. These challenges risk seriously compromising its mission to facilitate home ownership for low and middle-income groups. The nature and complexity of factors involved in property development are diverse: technical, land-related, financial, legislative, regulatory, and socio-economic. Housing prices are rising sharply and continuously while purchasing power evolves very slowly or stagnates. Housing affordability is increasingly out of reach for low and middle-income categories. This price increase is explained partly by the evolution of housing price components and partly by the requirements of local authorities …
Synthesis Report,
2026
FSJESAC Hassan II University of Casablanca
Synthesis Report, Mohamed Naciri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The author, a geographer, reflects on the dense two-day debate on the land system and its implications for planning and urbanism. Despite fearing he may not fully capture the richness of contributions—particularly from a legal perspective requiring precision—he notes a striking unanimity among all twenty-six speakers: the land system is fundamentally unsuited to Morocco's accelerating urbanization. This consensus reveals an inadequacy that has all the characteristics of a crisis—not merely of the legal system, but of the entire land system. While disagreement among scholars is traditionally seen as a blessing, this unanimity provokes less gratifying feelings. The finding is deeply …
The Effects Of Residential Lease Legislation And Its Judicial Practice On Investments In Rental Housing,
2026
FSJES Ain Chock, Hassan II University of Casablanca
The Effects Of Residential Lease Legislation And Its Judicial Practice On Investments In Rental Housing, O. Mounir
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The investor in rental housing seeks to generate returns on invested capital through rent while safeguarding the building as property. This investor fears for capital transformed into real estate assets placed in a tenant's hands, placing hopes in lease legislation to guarantee these assets and in courts to protect them whenever threatened. Thus emerges a purely economic relationship between lease legislation and its jurisprudence on one hand, and investment in rental housing on the other. This relationship can be either favorable or unfavorable to investment depending on legal guarantees and judicial practice. Good lease legislation combined with effective judicial practice …
The Role Of The Cdg Group In Property Development,
2026
FSJESAC Hassan II University of Casablanca
The Role Of The Cdg Group In Property Development, Moha Ben Satti
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Since its creation in 1959, the CDG (Caisse de Dépôt et de Gestion) has continuously strengthened its intervention in the highly social real estate sector to contribute toward placing a significant number of decent housing units at reasonable prices on the market. This choice is justified by the nature of the Caisse's resources, primarily constituted from CNSS affiliate contributions and popular savings collected by CEN. After focusing its first fifteen years on establishing appropriate intervention instruments through generalized housing promotion, the CDG adopted a new orientation from 1975 onward, particularly from the 1980s, marked by massive housing programs for low-income …
Note On The Financing Of Housing Credit,
2026
Faculty of Law, Rabat
Note On The Financing Of Housing Credit, M.L. Ben Otmane
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The causes of the housing crisis are numerous and interconnected: inadequate supply relative to demand, production system imbalances, growing urban populations, structural economic organization factors, and the shift from housing as use-value to housing as exhaustive commodity. Urban centers already concentrate nearly 45% of the population with a growth rate of 4.4%, while rural areas register only 0.1% (corrected from text: 4.1% likely a typo; logic suggests lower). Housing in Morocco is extremely expensive. Vertiginous increases in land costs for both individual and collective housing combine with unjustified rises in construction material prices. These increases are automatically passed on to …
Taxation And Property Development In Morocco,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Taxation And Property Development In Morocco, R. Lazrak
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Taxation reflects a country's socio-economic and political realities, but appropriately designed tax laws can also act upon these realities. Depending on its assigned qualitative and quantitative role, taxation can contribute to growth or recession in a sector of the national economy. Until the 1978 Finance Law, the real estate sector was primarily subject to a static tax—the urban tax—with mainly financial objectives. The 1978 Finance Law established a genuine real estate tax system through profound reform of the urban tax and creation of two new taxes: a tax on real estate capital gains and a tax on urban land (including …
Land Ownership And Land Market In Cities With Low Demographic Growth: The Example Of Asilah,
2026
FSJESAC Hassan II University of Casablanca
Land Ownership And Land Market In Cities With Low Demographic Growth: The Example Of Asilah, A. Lehzam
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
When discussing land speculation, rising land values, and their effect on housing costs and urban space organization, reference is typically made to large cities. The question arises whether existing discourse on large cities is reproducible in the analysis of land in small urban centers, or whether these small centers present particularities based on their regional location, history, and present or future economic potential. Theoretically, rising land values and the extent of real estate speculation depend on city size and population growth rate. Reliance on population parameters has become so evident that it obscures other equally important factors in shaping urban …
