La figura del concessionario di beni e servizi nel demanio marittimo, costiero e portuale

Per la tradizione amministrativa la concessione è lo strumento che consente ai singoli di utilizzare un bene pubblico a titolo particolare. Proprio l’endiadi espressa dai due aggettivi della definizione tradizionale, pubblico e particolare, nasconde la ragione della fortuna dello strumento concessorio, capace di soddisfare, allo stesso tempo, un’esigenza di carattere pubblico ed un bisogno eminentemente privato, sopravvivendo ai più differenti periodi storici ed all’affermarsi delle più radicali correnti di pensiero. A fare da sfondo a questa insanabile tensione, in perenne oscillazione tra i due poli estremi della definizione, la nozione, a sua volta relativa, discussa e costantemente rivisitata, di bene pubblico. Per questa ragione il titolo del lavoro che si presenta è articolato in tre segmenti, che fanno riferimento allo strumento, soltanto formalmente unitario, della concessione negli ambiti del demanio marittimo, del demanio costiero e del demanio portuale. Nel primo capitolo si esamina la disciplina normativa applicabile alle varie tipologie di concessione ipotizzabili sul demanio marittimo, cercando di cogliere, in una prospettiva di analisi diacronica, le linee di evoluzione dell’uso particolare dei beni variamente connessi alle esigenze della navigazione. Il secondo capitolo è, invece, dedicato all’esame dell’elaborazione giurisprudenziale relativa alle vicende del demanio marittimo. Mentre nel terzo capitolo, infine, si è tentato di ricercare e di rappresentare una teoria unitaria della concessione dovuta, in gran parte, all’incedere, apparentemente irresistibile, di un vocabolario comune dei contratti pubblici di matrice comunitaria. In questo contesto appare evidente la crisi, probabilmente irreversibile, della concezione di bene pubblico e quindi di concessione.

Imperatives in concessive clauses: compatibility between constructions

In his pioneering paper on “Performative Subordinate Clauses,” Lakoff (1984) claimed that subordinate clauses expressing a reason or concession allow imperatives conveying statements (i.e. assertive illocutionary force). While this analysis has gone unchallenged to this day, the present paper shows that Lakoff’s analysis is inadequate, in that reason and concessive clauses show a sharp contrast in the kinds of imperative utterances they permit. Contra Lakoff, concessive clauses with although, though and except (that) do allow imperative constructions conveying directive illocutionary forces to occur, whereas by contrast those with even though tend to disallow both types of imperatives. These findings can be explained in terms of compatibility between “component” constructions constituting a complex sentence. It is argued that the compatibility between imperatives (both directive and assertive types) and concessive adverbials (excluding even though) can be attributed to the latter’s loose integration into a matrix clause required by the former. Furthermore, it is argued that the incompatibility of even though with imperatives arises primarily from the incompatibility between the tight integration of even though and the loose integration required by imperatives, together with the associated incompatibility between the non-rectifying function of even though and the rectifying conjunction favored by imperatives.

Entre rêves de grandeur et pragmatisme : les jeunes en milieu urbain au Burkina Faso

En dépit de sa croissance économique, le Burkina Faso reste l’un des pays les plus pauvres du monde. Dans les villes, entre 20 et 30% des moins de 30 ans sont sans travail véritablement rémunéré. Beaucoup d’entre eux vivent en situation de contrat entre les générations à l’envers, logés et nourris par leurs parents. Ce climat de précarité constante et d’incertitude quotidienne conduit à des formes spécifiques de fantaisies et d’actions. Les entretiens avec de jeunes hommes et femmes de Bobo-Dioulasso que nous avons menés à plusieurs reprises sur trois ans (étude longitudinale) mettent en lumière les conditions qui facilitent l’action en situation d’incertitude quotidienne.

“Se querem que façamos algo pela floresta tem que nos pagar”: As lógicas da participação dos camponeses nos Comités de Gestão dos Recursos Naturais nos distritos de Palma e Mocimboa da Praia em 2009: Relatório do trabalho de campo em Namiune, Nkonga e 5º Congresso, Maputo, Dezembro de 2010

Our study considers the natural resources of the Miombo forests in Cabo Delgado from a broad ecosystems perspective. Thus, our view goes beyond the disciplinary approaches of forestry, agronomy, biology or zoology, and also of the social sciences, namely anthropology, history, sociology, political science or economics. The present study aims to establish a dialogue and create synergies between Miti Ltd. – the logging company and owner of the forest concessions – as well as government and state structures at the various levels and the communities – through the Committees on Natural Resources – in order to promote the sustainable use of resources and ecosystems. The research methodology we used can broadly be described as moderated transdisciplinary interaction for action-research based on the approach known as Learning for Sustainability (LforS, http://www.cde.unibe.ch/Pages/Project/2/14/Learning-for-Sustainability-Extension-Approach.aspx). The research methods used include: LforS seminars; field work; forests observations focusing, among others, on ecosystems, trees, wildlife, and burned areas; visits to farms; and interviews. We conducted both collective interviews and individual interviews, including with key informants. The main results indicate that members of the Committee on Natural Resources have a dual attitude: their statements defend the paradigm of sustainable use of natural resources as well as their own immediate monetary gain. They are willing to apply the values, concepts and theories of sustainable development that underpin the establishment of Committees on Natural Resources if they are paid for their work or if they can derive direct benefits from it, i.e. if they can earn a salary or allowance. If this does not happen, however, they are willing to allow actors to engage in illegal hunting or logging activities. This dual attitude also exists in relation to forestry operators. If the concession workers pay the committee members in cash or provide goods, they can run their business even if they violate the law. Natural forest regeneration in Nkonga and Namiune already shows the impact of such use. Although there are many saplings that could basically ensure continuous regeneration under sustainable management, repeated burning is damaging the young trees, deforming them and killing a great number of them. Campaigns against uncontrolled fires are ineffective because the administrative and political authorities have a dual attitude as well and are also part of the group that uses resources to their own profit and benefit. There are institutional structures within the administration, populations, and communities to perform regulating functions, create and implement rules, punish offenders, and oversee resource use. However, they feel that since they are not paid for performing these functions, they do not have to do so. This attitude shows a lack of awareness, but also indicates a situation where everyone seeks to derive maximum benefits from existing resource use patterns. Anything goes.

Forest regeneration capacity and its enhancement by forest management and silviculture in Cabo Delgado

SDC has been involved in rural development in Cabo Delgado for more than 30 years. Shortly after the independence of Mozambique, projects in water supply and integrated rural development were initiated. The silvoagropastoral project FO9 based in Mueda was a very early experience in forestry in Cabo Delgado. Andreas Kläy was responsible for the forestry sector in FO9 for 3 years in the early 1980s and had an opportunity to initiate an exchange of ideas and experience in rural development theory and approaches with Yussuf Adam, who was doing research in human anthropology and history in the province. 25 years later, the current situation of forest management in Cabo Delgado was reassessed, with a specific focus on concessions in the North. The opportunity for a partnership between the MITI SA, the University of Eduardo Mondlane, and CDE was created on the basis of this preliminary study1. The aim of this partnership is to generate knowledge and develop capacity for sustainable forest management. The preliminary study showed that “…we have to face weaknesses and would like to start a learning process with the main institutions, organisations, and stakeholder groups active in forest management and research in the North of Cabo Delgado. This learning process will involve studies supported by competent research institutions and workshops …” The specific objectives of ESAPP project Q804 are the following: 1. Contribute to understanding of the forestry sector; 2. Capacity development for professionals and academics; 3. Support for the private sector and the local forest service; 4. Support data generation at Cabo Delgado's Provincial Service; 5. Capacity development for Swiss academic institutions (CDE and ETHZ). A conceptual planning platform was elaborated as a basis for cooperation and research in the partnership (cf. Annex 1). The partners agreed to work on two lines of research: biophysical and socio-economic. In order to ensure a transdisciplinary approach, disciplinary research is anchored in common understanding in workshops based on the LforS methods. These workshops integrate the main stakeholders in the local context of the COMADEL concession in Nangade District managed by MITI SA, and take place in the village of Namiune. The research team observed that current management schemes consist mainly of strategies of nature mining by most stakeholders involved. Institutional settings - formal and informal - have little impact due to weak capacity at the local level and corruption. Local difficulties in a remote rural area facilitate external access to resources and are perpetuated by the loss of benefits. The benefits of logging remain at the top level (economic and political elites). The interests of the owners of the concession in stopping the loss of resources caused by this regime offers a unique opportunity to intervene in the logic of resource degradation and agony in rural development and forest management.

Produçao do conhecimento em Educaçao Física : Algumas reflexoes a partir do Brasil

This paper aims to problematize knowledge production in Physical Education (PE) from the Brazilian context. From a hermeneutic perspective, it questions the nature of its knowledge considering the difficulties arising from the objects/subjects diversity, methodological approaches and epistemological perspectives. From historic and controversial theory-practice relationship, it identifies some research problems of the area, since it is heiress of the Western dualism in its different aspects. We understand that overcoming the epistemological classical notion places us before other types of research and knowledge validation. It also recognizes that the autonomy enjoyed by science is a concession of a Democratic and Republican Society (therefore, it is always relative) and that it is constantly threatened by instrumental and political perspectives. With regards to intervention problems, we consider that they should occupy a prominent place inside research concerns, even if it means radicalize this interdisciplinary character of Physical Education. We concludes that in these disciplinary field boundaries, and with an effort to link them with pedagogical challenges, knowledge production can contribute to shape a Physical Education identity.

Produçao do conhecimento em Educaçao Física : Algumas reflexoes a partir do Brasil

This paper aims to problematize knowledge production in Physical Education (PE) from the Brazilian context. From a hermeneutic perspective, it questions the nature of its knowledge considering the difficulties arising from the objects/subjects diversity, methodological approaches and epistemological perspectives. From historic and controversial theory-practice relationship, it identifies some research problems of the area, since it is heiress of the Western dualism in its different aspects. We understand that overcoming the epistemological classical notion places us before other types of research and knowledge validation. It also recognizes that the autonomy enjoyed by science is a concession of a Democratic and Republican Society (therefore, it is always relative) and that it is constantly threatened by instrumental and political perspectives. With regards to intervention problems, we consider that they should occupy a prominent place inside research concerns, even if it means radicalize this interdisciplinary character of Physical Education. We concludes that in these disciplinary field boundaries, and with an effort to link them with pedagogical challenges, knowledge production can contribute to shape a Physical Education identity.

Produçao do conhecimento em Educaçao Física : Algumas reflexoes a partir do Brasil

This paper aims to problematize knowledge production in Physical Education (PE) from the Brazilian context. From a hermeneutic perspective, it questions the nature of its knowledge considering the difficulties arising from the objects/subjects diversity, methodological approaches and epistemological perspectives. From historic and controversial theory-practice relationship, it identifies some research problems of the area, since it is heiress of the Western dualism in its different aspects. We understand that overcoming the epistemological classical notion places us before other types of research and knowledge validation. It also recognizes that the autonomy enjoyed by science is a concession of a Democratic and Republican Society (therefore, it is always relative) and that it is constantly threatened by instrumental and political perspectives. With regards to intervention problems, we consider that they should occupy a prominent place inside research concerns, even if it means radicalize this interdisciplinary character of Physical Education. We concludes that in these disciplinary field boundaries, and with an effort to link them with pedagogical challenges, knowledge production can contribute to shape a Physical Education identity.

Forestry Sector Reform and Distributional Change of Natural Resource Rent in Indonesia

After the collapse of the centralized Soeharto regime, deforestation caused by over-logging accelerated. To tackle this problem, an IMF/World Bank-led forestry sector reform program adopted a market-friendly approach involving the resumption of round wood exports and raising of the resource rent fee, with the aim to stop rent accumulation by plywood companies, which had enjoyed a supply of round wood at privileged prices. The Indonesian government, for its part, decentralized the forest concession management system to provide incentives for local governments and communities to carry out sustainable forest management. However, neither policy reform worked effectively. The round wood export ban was reimposed and the forest management system centralized again with cooperation from a newly funded industry-led institution. In the midst of the confusion surrounding the policy reversal, the gap between the price of round wood in international and domestic markets failed to contract, although rent allocations to plywood industries were reduced during 1998-2003. The rents were not collected properly by the government, but accumulated unexpectedly in the hands of players in the black market for round wood.

Impact of the Economic Recession on Toll Highway Concessions in Spain

After joining the European Union in 1986, Spain experienced steady economic growth that enabled the country to grow at a greater pace than other European countries. During this period, the government of Spain opted for major investments in public infrastructure by taking advantage both of the funding provided by the European Union and of several types of public-private-partnership (PPP) approaches. Within this framework, the government of Spain between 1996 and 2004 procured a series of toll highway concessions. These concessions entered into operation a few years before the global economic recession made itself felt in Spain. The concession contracts signed between the government and some private consortia allocated most of the risks (expropriation, construction, and traffic) to the private sector. In this paper the impact that the economic recession has had on the business performance of the concessionaires is assessed, and the effectiveness of the measures adopted by the government to help the concessionaire to avoid bankruptcy is analyzed. It was found that some of the guarantees offered by the legal framework to the concessionaires in case of bankruptcy are prompting an outcome that could negatively affect the users. In addition to that, some suggestions as to how to better allocate risk in toll highway concessions in the future are provided.

Traffic uncertainty in toll motorway concessions in Spain

This study assessed the inaccuracy of the traffic estimates for toll motorway concessions in Spain. It was found that the estimates conducted by both the government and the concessionaire showed a significant bias towards overestimating traffic. The level of overestimation in Spain is even greater than that reported by other studies based on worldwide data. The notorious levels of overestimation entail severe burdens to the economics of the concessionaires that often prompt renegotiations of the contracts, which are often accepted by the government. These renegotiations usually end up with toll changes or extension of the concession terms, which have to be ultimately borne by future motorway users. It is postulated herein that the bias towards overestimating traffic in toll motorways in Spain is mostly caused by strategic issues rather than by modelling errors.

Metodología para maximizar la rentabilidad de una terminal marítima de contenedores a través de la optimización de su grado de automatización

Son generalmente aceptadas las tendencias actuales de maximización de la automatización para la adaptación de las terminales marítimas de contenedores a las cada vez mayores exigencias competitivas del negocio de transporte de contenedores. En esta investigación, se somete a consideración dichas tendencias a través de un análisis que tenga en cuenta la realidad global de la terminal pero también su propia realidad local que le permita aprovechar sus fortalezas y minimizar sus debilidades en un mercado continuamente en crecimiento y cambio. Para lo cual se ha desarrollado un modelo de análisis en el que se tengan en cuenta los parámetros técnicos, operativos, económicos y financieros que influyen en el diseño de una terminal marítima de contenedores, desde su concepción como ente dependiente para generar negocio, todos ellos dentro de un perímetro definido por el mercado del tráfico de contenedores así como las limitaciones físicas introducidas por la propia terminal. Para la obtención de dicho modelo ha sido necesario llevar a cabo un proceso de estudio del contexto actual del tráfico de contenedores y su relación con el diseño de las terminales marítimas, así como de las metodologías propuestas hasta ahora por los diferentes autores para abordar el proceso de dimensionamiento y diseño de la terminal. Una vez definido el modelo que ha de servir de base para el diseño de una terminal marítima de contenedores desde un planteamiento multicriterio, se analiza la influencia de las diversas variables explicativas de dicho modelo y se cuantifica su impacto en los resultados económicos, financieros y operativos de la terminal. Un paso siguiente consiste en definir un modelo simplificado que vincule la rentabilidad de una concesión de terminal con el tráfico esperado en función del grado de automatización y del tipo de terminal. Esta investigación es el fruto del objetivo ambicioso de aportar una metodología que defina la opción óptima de diseño de una terminal marítima de contenedores apoyada en los pilares de la optimización del grado de automatización y de la maximización de la rentabilidad del negocio que en ella se desarrolla. It is generally accepted current trends in automation to maximize the adaptation of maritime container terminals to the growing competitive demands of the business of container shipping. In this research, is submitted to these trends through an analysis taking into account the global reality of the terminal but also their own local reality it could exploit its strengths and minimize their weaknesses in a market continuously growing and changing. For which we have developed a model analysis that takes into account the technical, operational, financial and economic influence in the design of a container shipping terminal, from its conception as being dependent to generate business, all within a perimeter defined by the market of container traffic and the physical constraints introduced by the terminal. To obtain this model has been necessary to conduct a study process in the current context of container traffic and its relation to the design of marine terminals, as well as the methodologies proposed so far by different authors to address the process sizing and design of the terminal. Having defined the model that will serve as the basis for the design for a container shipping terminal from a multi-criteria approach, we analyze the influence of various explanatory variables of the model and quantify their impact on economic performance, financial and operational of the terminal. A next step is to define a simplified model that links the profitability of a terminal concession with traffic expected on the basis of the degree of automation and the kind of terminal. This research is the result of the ambitious target of providing a methodology to define the optimal choice of designing a container shipping terminal on the pillars of automation optimizing and maximizing the profitability of the business that it develops.

Infrastructure Finance in Developing Countries by State and Multilateral Development Banks

Infrastructure concession is an alternative widely used by governments to increase investment. In the case of the road sector, the main characteristics of the concessions are: long-term projects, high investments in the early years of the contract and high risks. A viability analysis must be carried out for each concession and consider the characteristics of the project. When the infrastructure is located in a developing country, political and market growth uncertainties should be add in the concession project analysis, as well as economic instability, because they present greater risks. This paper is an analysis of state bank participation in road infrastructure finance in developing countries. For this purpose, we studied road infrastructure financing and its associated risks, and also the features of developing countries. Furthermore, we considered the issue of state banks and multilateral development banks that perform an important role by offering better credit lines than the private banks, in terms of cost, interest and grace period. Based on this study, we analyzed the Brazilian Development Bank - BNDES – and their credit supply to road infrastructure concessions. The results show that BNDES is the main financing agent for long-term investment in the sector, offering loans with low interest rates in Brazilian currency. From this research we argue that a single state bank should not alone support the increasing demand for finance in Brazil. Therefore, we conclude that there is a need to expand the supply of credit in Brazil, by strengthening private banks in the long-term lending market.