This paper describes the renegotiation of delegated management contracts in the French urban transport. We brie y describe the sector, sketch a theoret- ical model showing that contract renegotiation explains an increasing pro le of subsidies over time. This model is nally estimated. Our analysis shows that wrongly assuming that local governments can fully commit to a pro le of subsidies and do not renegotiate contracts leads to systematically overesti- mating the e¢ ciency of rms in the sector.
International audience ; The unprecedented situation that the whole world is facing due to the health crisis linked to COVID-19 has negatively impacted the normal management of contracts of all kinds, which requires their renegotiation from top to bottom.In Morocco, both legislation and case law allow the possibility to renegotiate a contract. However, notwithstanding the circumstances, the scope or the conditions of the contractual renegotiation, it leads in the context of crisis to two main routes in terms of contractual liability: either a disengagement of the parties to the contract, or a maintenance of the contractual relationship.In the countries of the OHADA zone, renegotiation should also be the ideal solution. ; La situation inédite à laquelle le monde entier est confronté à cause de la crise sanitaire liée au COVID-19 a impacté de façon négative la gestion normale des contrats de toute nature, ce qui nécessite leur renégociation de fond en comble. Au Maroc, tant la législation que la jurisprudence permettent cette possibilité de renégocier un contrat. Or, nonobstant les circonstances, la portée ou les conditions de la renégociation contractuelle, elle débouche dans le contexte de crise sur deux principales voies conséquentes en matière de responsabilité contractuelle : soit un désengagement des parties au contrat, soit un maintien de la relation contractuelle. Dans les pays de l'espace OHADA, la renégociation devrait également être la solution idoine.
Argues that the International Monetary Fund (IMF) needs a procedure to enable moratorium on foreign debt payments and debt renegotiation, so that countries facing difficulties can avoid bankruptcy; discusses reform proposals. Summaries in English and Spanish p. 428-9 and 443.
National audience ; This paper describes the renegotiation of delegated management contracts in the French urban transport. We briefly describe the sector, sketch a theoretical model showing that contract renegotiation explains an increasing profile of subsidies over time. This model is finally estimated. Our analysis shows that wrongly assuming that local governments can fully commit to a profile of subsidies and do not renegotiate contracts leads to systematically overestimating the efficiency of firms in the sector. ; Cet article analyse la renégociation des contrats de gestion déléguée dans le secteur du transport en France. Nous décrivons tout d'abord brièvement le secteur, puis nous présentons dans ses grandes lignes un modèle théorique de renégociation des contrats expliquant les évolutions dynamiques des subventions en direction des opérateurs et notamment leur profil croissant au cours du temps. Ce modèle est ensuite estimé. L'analyse économétrique montre que l'hypothèse consistant à supposer que les autorités ont une forte capacité d'engagement conduit à surestimer l'efficacité des firmes du secteur.
national hearing This paper aims to define the conditions under which a specific performance contract can solve the hold-up problem. We continue to show two results. First, in a very general environment the efficient solution is achieved only with Renegotiation design. Second, in a specific environment where the valuation functions satisfy a separability condition, the efficient solution is implemented only because there is an equivalence between this condition and a state independence. This means that a specific performance contract is unecessary since a voluntary contract is also capable of achieving efficiency. ; National audience This paper aims to define the conditions under which a specific performance contract can solve the hold-up problem. We mainly show two results. First, in a very general environment the efficient solution is achieved only with renegotiation design. Second, in a specific environment where the valuation functions satisfy a separability condition, the efficient solution is implemented only because there is an equivalence result between this condition and a state independence assumption. This implies that a specific performance contrat is unecessary since a voluntary contract is also able to achieve efficiency.
Analysis of the dynamics of the mining sector in Peru between the end of the twentieth century and the start of the twenty-first allows an understanding of economic globalisation as a resolutely spatial phenomenon in which territories and identities are reinvented around resources at once local and global. In this thesis, we show how the new rules of the game of mining and property, and environmental governance, illustrate the necessarily political construction of Peru's territory and resources by the central State around a national project of market-oriented exploitation of mining deposits as a source of economic wealth. This reorganisation of the national productive structure by capital, often foreign, sheds light on the impact of economic actors on the future of the territories. An increase of the spatial imprint of the mining sector and the revenue it generates amounts to a territorial and economic transplant of mining exploitation on a national scale. This increase, however, is felt unequally in local territories. The multiplication of mining conflicts at the start of the twenty-first century recalls how natural resources and the regulations codifying the society-nature relationship are the often unstable result of power relations between actors of unequal weight and with potentially antagonistic goals. We analyze these conflicts questionning the role and place of local actors and territories in development policies, as a weapon of (re)negotiation of the rules of the game wielded by the « have nots ». Varying in intensity, negotiations can be considered micro when the stakes are relatively limited and the actors only hope to achieve a greater share of the wealth. By contrast, conflicts may constitute a weapon of mass negotiation when actors refuse the commodification of nature and attempt a profound transformation of the rules of the game, as is illustrated by the Conga mining conflict in Cajamarca. ; Les dynamiques du secteur minier péruvien entre la fin du XXe siècle et le début du XXIe siècle permettent de saisir la mondialisation économique comme un phénomène résolument spatial où se réinventent les territoires et les identités autour d'une ressource à la fois locale et globale. Dans cette thèse, nous montrons en quoi les nouvelles règles du jeu, notamment en matière minière et foncière ainsi que la gouvernance de l'environnement, illustrent la construction nécessairement politique du territoire péruvien et des ressources par l'État central autour d'un projet national d'exploitation marchande des gisements miniers comme source de richesse économique. La réorganisation de la structure productive nationale par le capital, souvent étranger, éclaire le poids des initiatives d'acteurs sur le devenir des territoires. La hausse de l'empreinte spatiale du secteur minier et des revenus qu'il génère atteste d'une greffe territoriale et économique de l'activité minière à l'échelle nationale. Néanmoins, celle-ci est inégalement ressentie dans les territoires locaux. La multiplication des conflits miniers au début du XXIe siècle rappelle que les ressources naturelles et les régulations qui codifient la relation société-nature sont le résultat souvent instable de relations de pouvoir entre acteurs aux poids asymétriques et aux visées potentiellement antagonistes. Nous analysons ces conflits interrogeant le rôle et la place des acteurs et des territoires locaux dans les politiques de développement, comme une arme de (re)négociation des règles du jeu à la portée des « sans ». D'intensité variable, la renégociation est micro quand les enjeux sont relativement limités et les acteurs entendent accéder à une meilleure répartition des richesses. Par contraste, elle est potentiellement massive quand ils refusent la marchandisation de la nature et entendent transformer en profondeur les règles du jeu comme l'illustre le conflit minier de Conga à Cajamarca.
Analysis of the dynamics of the mining sector in Peru between the end of the twentieth century and the start of the twenty-first allows an understanding of economic globalisation as a resolutely spatial phenomenon in which territories and identities are reinvented around resources at once local and global. In this thesis, we show how the new rules of the game of mining and property, and environmental governance, illustrate the necessarily political construction of Peru's territory and resources by the central State around a national project of market-oriented exploitation of mining deposits as a source of economic wealth. This reorganisation of the national productive structure by capital, often foreign, sheds light on the impact of economic actors on the future of the territories. An increase of the spatial imprint of the mining sector and the revenue it generates amounts to a territorial and economic transplant of mining exploitation on a national scale. This increase, however, is felt unequally in local territories. The multiplication of mining conflicts at the start of the twenty-first century recalls how natural resources and the regulations codifying the society-nature relationship are the often unstable result of power relations between actors of unequal weight and with potentially antagonistic goals. We analyze these conflicts questionning the role and place of local actors and territories in development policies, as a weapon of (re)negotiation of the rules of the game wielded by the « have nots ». Varying in intensity, negotiations can be considered micro when the stakes are relatively limited and the actors only hope to achieve a greater share of the wealth. By contrast, conflicts may constitute a weapon of mass negotiation when actors refuse the commodification of nature and attempt a profound transformation of the rules of the game, as is illustrated by the Conga mining conflict in Cajamarca. ; Les dynamiques du secteur minier péruvien entre la fin du XXe siècle et le début du XXIe siècle permettent ...
Bensa has worked as an anthropologist in New Caledonia for a quarter of a century and gathered insights from both his fieldwork in the centre-north of Grande Terre (the main island) and his activities in the larger arena of a politically divided French Polynesia. This book assembles thirty-six essays written between 1984 and 1995 by him. - The reviewer Chappel notes that Bensa's version of Kanaky, past and present, is one of constant renegotiation in changing context. (DÜI-Sen)
The independence did not put an end to France's presence in its former colonies, which continued to take the form of cooperation. This cooperation, defined as technical and cultural assistance between two theoretically sovereign countries, is expressed in particular by the provision of human capital by France. There appear to have been two key steps in establishing this cooperation: the first is based on the negotiation of cooperation agreements with the inhabitants of independence and the second on their renegotiation in the 1970s. These renegotiations resulted in an external and internal 'legal normalisation' of the situation marking a clearer statement of the sovereignty of young independent nations 1, since externally this 'new' cooperation is governed by pre-established standards similar to those applicable to international cooperation and is accompanied internally by the adoption of a 'statute under common law for French co-workers abroad' 2. Cooperation raises multiple questions. The continued presence of the former coloniser — in another form — in independent states is broadly understood in three ways by historiography. Some studies focus on the issue of national and international sovereignty, interests and political issues. Others prefer to treat it as an epistemological and philosophical problem, that of the reality of decolonisation, particularly in the fields of science and knowledge. Finally, the topic raises a reflection on those who give it life on the ground, i.e. the men and women who take part in it. The latter approach is preferred here because it allows 1 Jean Touscoz, 'La "normalisation" de la coopération bilateral de la France et les pays Afrique francophones (legal aspects)", International Studies, Vol. 5, No 2, 1974, p. 208. 2 ibid., p. 219. ; International audience The independences, which ended in theory in the sovereignty of the young nations, did not dedicate the end of the link between ex-colonized and colonizing countries. This link was transformed into "cooperation" i.e. into a ...
This research stems from the present renegotiation of the social bonds between farmers and the civil society. This renegotiation is studied from the angle of the opening of the rural areas into the name of patrimonial and environmental interests. We assume that the publicization of rural areas is not restricted to the emergence of new uses, but that it also is an opportunity to turn them to public sphere, i.e. a political space where citizens may acquire new legitimacies of action. Using a pragmatic and interactionnist interpretation of social bonds, we propose an analytical grid. This grid is composed of three topics of urbanity: open space, public space and place. It is used to understand how the ordinary social spatialities redefine the modalities of the "living together". But this redefinition is not uniform. Especially, this gradual normative inventiveness of social interactions could be due to both the inter-individuality of joint investments and the visibility of wording places. The contextual analysis of the requalification processes and the study of the farmers-non-farmers co-presence situations in Dordogne confirm the operationality of the notion of open space. They also stress the ambiguous role of the patrimonialization normative beam in the reinforcing of the public order and the reduction of contested place identity. However, we find the traces of places and "common worlds" moments, first potential steps towards the advent of a public space. While cultural plurality increases, even on a local level, this reflexion thus aims at clarifying the role of the space in the normative processes by emphasizing the everyday socials experiences and the importance of conceiving the space as a context of action. ; Ce travail de recherche prend sa source dans l'actuelle renégociation du lien social entre les agriculteurs et le reste de la société civile mais l'aborde sous l'angle plus précis de l'ouverture des espaces ruraux au nom, notamment, d'un intérêt patrimonial et environnemental. Nous avons fait ...
Two years after winning Bolivia's presidential election, what has Evo Morales achieved? In this exclusive interview with Politique Internationale, the Bolivian leader outlines his accomplishments to date. He is proud of his successes, first & foremost his renegotiation of contracts with oil multinationals to the benefit of the Bolivian state. He also frankly describes the difficulties which he faces. The opposition, organized around Bolivia's most prominent businessmen, is both powerful & determined, to the extent that the regions it controls might even secede. In addition, its hostility to all government initiatives has had serious economic consequences. Parliament has been the theater of a vicious war between the presidential camp & its opponents, who systematically refuse to support any government project. However, Evo Morales remains confident. No revolution, he explains, happened in a day. Adapted from the source document.
Situations of violent conflict are often propitious to the reconfiguration of social relations and, in particular, the renegotiation of masculine and feminine roles. Yet the Kurdish Workers' Party (PKK) is seen as having gone farther than any other movement in feminizing its recruitment, supplying a complex theoretical foundation for male/female relations and genuinely attempting to apply the resulting principles at the organizational level. But are these quantitative transformations and organizational developments accompanied by distinctive gender relations within the PKK army? Have they dispensed with the sexual division of activist and warrior labor? In fact, the construction of gender relations within guerilla warfare is first and foremost a response to the questions raised by feminine involvement and is ultimately associated with a rationalization of 'traditional' practices. Beyond this, it seems necessary to rethink the feminine question in terms of domination within the PKK: from this perspective, the liberation of women appears to be nothing more than the feminine version of the desexualization and submission of activists. Adapted from the source document.
International Financial Architecture and State Bankruptcy, by Jérôme SGARD In April 2003, the proposition by the IMF to create an international bankruptcy court for sovereign States has finally been abandoned. The main reasons for its eventual rejection were the resistance to public intervention into financial contracts and the supra-national character of the body that would have been endowed with such a right. The proposed innovation was however not negligible, as it would have separated the two main functions included in ail previous debt-renegotiation frameworks: conditionality, and the regulation, sometimes the arbitration, of the financial negotiation between the sovereign debtor and the private investors. While the former function would have remained within the realm of an un-reformed IMF, the latter would have been transferred to a new, ostensibly de-politicised, "proto-judiciary" entity. This failure has had unanticipated conséquences: local regulators have strongly re-emerged, under the form of respectively national judiciaries and central banks. If global institutions fail, globalisation may then lead to institutional "re-localisation". Such a trend underlines the risk of a possible, immediate collapse of collective action against financial crisis.
An examination of the career of several members of three neighborhood associations in Casablanca and the manner in which they themselves describe their actions reveals the intricacies of the associative space and political sphere in Morocco. By virtue of a mirror effect, the frontiers between these two universes are the object of continuous struggle. Associative action is sometimes constructed independently and sometimes in connection with "politics". It is thus drawn upon as a substitute for political participation, a tribune for marginalized actors or a local-level springboard and can lead to renegotiation of relations with the political realm. By virtue of the very existence of points of junction between associative, partisan, electoral, labor union and protest scenes, associational action exposes those involved to several types of participation. It endows them with practical and cognitive competencies, is an incentive for them to interact with various agencies of governmentality and encourages a circular reconversion of resources and know-how. Associational action may also give rise to a taste for "politics" and electoral competition or that encourage its participants to become aware of their responsibilities. From one situation to the next, it is the object of a range of definitions, involvements and (micro) strategies that are as vast as they are variable, both diachronically and synchronically. Adapted from the source document.
O objecto de análise deste artigo são as dinâmicas e reconfigurações do clientelismo político, um dos traços centrais do funcionamento dos sistemas políticos africanos. As recomposições e adaptações dos sistemas políticos africanos na fase das «transições» para as democracias multipartidárias, em África, face às crises políticas, sociais e económicas e o surgimento subsequente de novos actores sociais nas estruturas de poder (político) africanas são o centro de análise deste texto. O artigo sustenta que a «democracia» e o multipartidarismo não contribuíram para a erradicação ou mitigação das práticas clientelares. O máximo que se conseguiu, até ao momento, foi a criação de condições para a renegociação destas mesmas relações clientelares. ; The object of this article is to examine the dynamics and reconfigurations of political clientelism, one of the major characteristics of African political systems. The analysis focuses on the restructuring and adapting of African political systems during the «transitional phase» to multi-party democracies in reaction to the political, social and economic crises and the subsequent emergence of new social actors in the African (political) power structures. The article argues that «democracy» and multipartyism have not contributed to eradicate or mitigate clientelist practices and that most achieved, until now, has been the creation of conditions that favor the renegotiation of clientelist relationships.
