National Report for France

This chapter investigates the treatment of executory contracts under French corporate insolvency law. While the French Commercial Code does not provide a definition of the concept of executory contracts, it is generally assumed that insolvency proceedings do not result in the automatic termination of the debtor’s executory contracts. Hence, executory contracts remain binding on both parties pending their assumption or rejection by the insolvency official. As certain types of executory contracts are deemed to justify special treatment in insolvency proceedings, the chapter investigates their treatment under the law. The chapter also investigates the treatment of contractual remedies in insolvency law, such as ipso facto clauses, close-out netting provisions and flip clauses. Finally, the chapter analyses the most recent reforms in the corporate insolvency field and the drivers behind these regulatory changes. The report concludes that the most recent reforms have improved the balance between debtor and creditor protection: France is now a more investor-friendly jurisdiction, while debtors benefit from a more sophisticated set of tools

Sustainability and Production Costs in the Global Farming Sector: Comparative Analysis and Methodologies

This report constitutes a comprehensive compilation and synthesis of the principle issues and outcomes of the joint Institute for prospective Technological Studies / Directorate-General for Agriculture and Rural Development workshop on "Sustainability and Production Costs in the Global Farming Sector: Comparative Analysis and Methodologies" held in Brussels between 21-22 June 2011. Gathering a range of international experts and specialists in the field of production costs analysis and development, covering a range of strategic agricultural sectors of global importance, the workshop aimed to review methodologies and approaches to calculating production costs used in various sectors nationally and globally, with emphasis on exploring the applicability for effective international comparisons. A special attention was given to the methodologies and approaches for data collection and processing, factor market structure and policy inter-linkages, sectoral coverage, horizontal technical issues, and the implications for global agricultural markets. Based on the participant deliberations and discussions, a number of practically based policy recommendations towards achieving such comparisons were highlighted. The production of this report, following completion of the workshop, has been the responsibility of the IPTS. This task has been facilitated through collaboration with four internationally recognised experts (Folkhard Isermeyer, von Thünen-Institute, Germany (Chapter 2), Dan L. Cunningham, University of Georgia, USA (Chapter 3), Jean-François Garnier, ARVALIS, France (Chapter 4), Ashok K. Mishra, Louisiana State University, USA (Chapter 5)) acting as rapporteurs for each of the workshop's four technical sessions, whose efforts in capturing the principle issues and outcomes of their respective session has been instrumental towards realisation of this report. Stephen Langrell, Pavel Ciaian and Sergio Gomez y Paloma acted as Editors and compiled Chapters 1 and 6. This report constitutes a particular and comprehensive technical overview of the state of production costs calculations for the sectors under consideration at global level, and a consideration of the prospects for effective international comparison. It reviews methodologies applied for production costs calculation at national and global level followed by the discussion on methodologies used for animal and arable crop sectors. Finally, the report discusses horizontal issues related to production costs calculations. The report closes with policy-relevant conclusions as a basis for policy recommendations. It is envisaged that this report will provide a valuable source of technical and conceptual information for on-going policy considerations, both at EU and third country/international level.JRC.J.4-Agriculture and Life Sciences in the Econom

Defending Empire at the United Nations: The Politics of International Colonial Oversight in the Era of Decolonisation

This article argues that, although anti-colonial delegations to the 1945 San Francisco Conference did not succeed in bringing all colonial territories under the umbrella of international trusteeship, the threat of expanding international oversight shaped the relationship between colonial governments and international organisations in powerful ways. By focusing on how the UN Special Committee on Non-Self-Governing Territories evolved as a de factosupervisory system for dependent territories, this article considers the ways that representatives at the United Nations defined dependency and self-government and explores the crusade that colonial governments led to justify imperialism in the post-war world. Through a consideration of the diplomatic actions of France, Great Britain and Belgium, this article explores the ways that colonial empires jointly mobilised to defend colonialism at the level of the United Nations. In the face of evolving supervisory mechanisms at the United Nations, the French, British and Belgian delegations joined forces in an attempt to expose some of the inherent contradictions in UN policy towards dependent populations, and to make the case that subject populations living in independent territories often endured worse conditions than those living in formal overseas empires