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Environmental quality of building projects and reversibility in urban areas to be densified
After trying to curb peri-urban sprawl by planning constraints, many cities have embarked on the densification of their own territory. Over the last ten years, municipalities located in the first crown of the major French agglomerations have sought to densify sparsely dense urban fabrics. However, l...
The issue of a negotiated right for the Amazon Park of Guyana
‘titrebSummary’/titrebThe legislative renovation of national parks raises questions about the nature of the law in protected areas. Would it be conceivable to think of the formation of a more negotiated right than imposed? The question may legitimately arise in the case of the Amazon Park of Guiana...
The design of atypical working hours : a social innovation approach in a hospital environment
This thesis takes place in a hospital in search of an innovative time system. The design of working time can be considered a social innovation for its positive effects on living conditions. Nevertheless, social innovation is revealed as much in the solutions as in their creation process. The latter...
Cases of prior investments which cannot legally justify the award of a negotiated contract without a prior call for competition
(CE, 2 April. 1997, Commune de Montgeron, Application No 124883)
The system of direct investment in export free zones
sovereign adoption by the State in order to improve the attractiveness of its territory on the direct investment market, however, removes investment relationships from the national legal order. First, negotiated with investors in its preparation and application, which was put into competition in the...
Indirect effects of the new Public Procurement Code
Cour d’appel de Paris, 9th ch. B, 8 November. 2001, Mr and Mr Rollin v Public Prosecutor
What legitimacy for social dialogue actors?
since the early 2000s, in the light of developments, particularly legal developments, but also changes in trade union relations, can we speak, in the French case, of the emergence of a model of social dialogue? Such an analysis may, from the outset, appear excessive, especially since France has long...
Residential densification: from a model to method, from plural to participatory planning
for a few decades, the imperative of sustainable development has forced communities to think about denser, more compact urban development, particularly for residential operations. Faced with ambitious targets for housing production, various laws lay down the framework for implementing this city. How...
Caritas vs. Askese
This article analyses the construction of demeasurement and excesses in the narrative on capitalism carried out by Catholic social reformers around 1900. It starts with the contextualisation of Max Weber’s Protestant Ethics Study, which refers to the insignificant participation of Catholics in econo...
The Benelux Union’s plans to unify customs and economic statistics 1946-1951
On 1 January 1948, the Benelux Common Customs Tariff, the bodies of which were established in 1946, enters into force. In addition, a draft Economic Union Treaty was negotiated between 1948 and 1950, but it would only be signed in 1958. During the first decade of its existence, the Benelux Union fac...
Public participation processes in land-shaping : when landscape logic merge into land planning for a better local development : a pragmatist inquiry into institutional and social change in the Regional Natural Parks of Rhône-Alpes (France).
This thesis deals with landscape innovation within and by the Regional Natural Parks in the Rhône-Alpes region (France). Landscape is captured as a materiality under construction negotiated along interaction processes between individuals engaged in distinct action logics. The research underlines how...
Public procurement. Negotiated contracts, Provision requiring the use of exclusive rights, Question referred to the Court
(Cons. d’Et., 30 janv. 1991, Prefect of Seine-Saint-Denis v Editions Messidor, Application No 96935.)
The Origin of the Freedom of Association and of the Right to Strike in Canada. An Historical Perspective
The authors first relate the circumstances surrounding the adoption of an important pièce of our labour legislation and examine the effect of the 1872 legislation on the legal status of union activities.
A New Urban Agenda for precarious neighborhoods?The making of international agreements on urbanization for the Habitat III Conference
International audience In the last four decades, the international community has embraced the issue of rapid urbanization but still remains disempowered when facing the necessity to contain the growing number of dwellers living in precarious or under-equiped neighborhoods. This article questions the...
Labour law. Management tools and methods
'pbThe Law No 2016-1088 of 8 August 2016 (‘Labour Law’ or ‘El Khomri Law’) on work, the modernisation of social dialogue and the security of career paths has profoundly redesigned the understanding of the issues of “bbbgestion de travail”/bb, by affirming in these areas the “bbprimacy of company or...
The Theresa May Government’s negotiating strategy in question in the light of European Union law
The British’s focus on the outcome of the referendum and the internal constitutional aspects of Brexit has long overlooked the other conditions laid down in Article 50 TEU. This is particularly true of the requirement in point 2 of that article. The Agreement "shall be negotiated in accordance with...
Degradation of an innovative mechanism: Canada and the North American Environment Domain Cooperation Agreement (ANACDE)
Free trade, in which Canada participates with several states, brings together issues, particularly in relation to States’ internal environmental standards. In order to allay the concerns of environmental groups, the United States, Canada and Mexico, by adopting the North American Free Trade Agreemen...
And if the ‘win-win’ had ‘win-lost’? for cost accounting of the issues at stake in the negotiations
Manuscrit of a text published in the magazine ‘Negotiations’ website of the journal: The last two decades have been given priority over negotiating analyses based on the study of the process and concepts that highlight the integrative (‘win-win’) dimension of the negotiation. Analyses of the process...
Competition and consultation on the occasion of a negotiated study market
International audience
Negotiated contract, the programme of which is profoundly modified compared to the initial project and obligation to launch a new invitation to tender
(CE, 14 March 1997, Prefect of Maine-et-Loire, Application No 146011)
Rites and Rights: Lineage Property and Law in Korea
This Article sets forth a historical overview of the evolution of lineage property and succession law in Korea from the premodern through contemporary times. The desire to continue the family and safeguard patrimonial integrity is arguably a universal phenomenon, but the primacy of Confucian ancestr...
Normative and contractual framework for first-line clinical teleconsultation practices
Until the COVID-19 pandemic, the teleconsultation services offered by ubiquitous doctors in Quebec were severely limited mainly because they were not remunerated since they were not recognised as insurable medical acts. The Decree of 16 March 2020, adopted in the context of a health emergency, now a...
When public debate fails to prevent conflict: feedback on the challenge to an industrial energy transition project in the Landes (France)
Participatory schemes in the field of the environment and development tend to become more widespread (Alban et al., 2005). In France, residential participation is encouraged by a major legislative movement from 1980-1990 onwards, which has led to the introduction of various types of public consultat...
Exclusion of Unionized Workers from Employment Standards Law
The technique of permitting unions to derogations from core employment standards has been increasingly advocated as a means of making labour law more flexible while still protecting workers since the union is considered to bring countervailing power in support of workers’ preferences. The new Britis...
Regulating Conflict in Public Sector Labour Relations : The Ontario Experience (1984–1993)
Using a comprehensive collective bargaining data set, we examine dispute resolution patterns of all bargaining units in the province of Ontario over a 10-year period. A central finding is that bargaining units covered by legislation requiring compulsory interest arbitration arrive at impasse 8.7 per...