Cadre juridique imprécis, niveau d’exigence faible : quelle place pour l’efficacité de l’action ?

Abstract

Decentralized cooperation has historically been organized around a single legal document – the cooperation agreement – which has both been vague and not truly binding. While the increasing involvement of French local authorities in international action could have led to a more demanding document in terms of commitment and accountability, legislators have decided on a more flexible approach, making cooperation agreements optional, or doing away with them altogether. This article examines the reasons for such an evolution and considers its possible consequences in terms of an asymmetry between “providers” and “beneficiaries,” and of weak incentives to seek effective actions and to be accountable morally and judicially with regard to the possibly mixed results entailed. Can such an evolution be indicative of the creation of a “libertarian” cooperation model?

Keywords

• decentralized cooperation
• cooperation agreement
• negative externalities
• legal uncertainty
• legal dispute
• securing providers