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Author: Chris Downes
Publisher: Springer Science & Business Media
ISBN: 3319043730
Category : Law
Languages : en
Pages : 271
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Book Description
This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Author: Chris Downes
Publisher: Springer Science & Business Media
ISBN: 3319043730
Category : Law
Languages : en
Pages : 271
Get Book Here
Book Description
This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Author: Mariela Maidana-Eletti
Publisher:
ISBN: 9783034320092
Category :
Languages : en
Pages : 175
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Book Description
With increasingly globalised markets, changing consumer preferences and the steady development of technologies influencing food trade flows, safety and quality concerns have triggered the development of new forms of global (food) governance. Since its creation in 1995, the World Trade Organization (WTO) has succeeded in providing a multilateral legal framework for the development of regulatory practices through its multiple agreements. Similarly, the continuing importance of regional and bilateral trade agreements, such as in the European Union and in Switzerland, has enhanced WTO's accomplishments through a comprehensive and dynamic set of international rules and standards for trade. However, the changing trends in the production and distribution of food products have questioned the effectiveness of the regulatory status quo. This book addresses the legal aspects of the current global architecture for food governance, particularly with regard to the role of international standards. In doing so, this work attempts at mapping the implications of domestic food measures in international trade law.
Author: Aik Hoe Lim
Publisher: Cambridge University Press
ISBN: 1107062357
Category : Business & Economics
Languages : en
Pages : 395
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Book Description
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
Author: Hanna Schebesta
Publisher: Oxford University Press
ISBN: 0192583387
Category : Law
Languages : en
Pages : 433
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Book Description
In recent years, food law has taken on an increasingly prominent role in political discourse, with calls for a more sustainable food system challenging the legal status quo. A thorough legal perspective is thus indispensable for grasping the complexities of the EU food system and political quests for change. In the first monograph of its kind, Hanna Schebesta and Kai Purnhagen offer an authoritative and comprehensive overview of EU food legislation. Drawing on the authors' experience researching and teaching in the field, EU Food Law explores how political paradigms have shaped the development of laws in a variety of domains, including food technology, food safety, food information, food quality, nutrition, and sustainability. The book begins with insightful analyses of the historical foundations of EU food law and two existing umbrella frameworks: the General Food Law Regulation and the Official Controls Regulation. The book then presents an in-depth discussion of the food law acquis before contextualising EU law against international food law. Schebesta and Purnhagen have created the definitive resource on EU food law, offering a balanced treatment of the subject across eighteen carefully structured chapters. This volume is essential reading for students, academics, and practitioners alike.
Author: Giovanni Gruni
Publisher: Bloomsbury Publishing
ISBN: 1509916210
Category : Law
Languages : en
Pages : 219
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Book Description
In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.
Author: Anu Bradford
Publisher: Oxford University Press
ISBN: 0190088591
Category : Law
Languages : en
Pages : 425
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Book Description
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Author: Daniele Pisanello
Publisher: Springer
ISBN: 3319936204
Category : Technology & Engineering
Languages : en
Pages : 59
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Book Description
This Brief describes in three concise chapters one of the newest ‘hot topics’ under EU Food Law and Policy: the new Regulation (EU) No 2015/2283 from the European Parliament and by the Council, November 25, 2015, on novel foods, applicable from January 2018. In this work, the Authors discuss the long-time criticized EU Regulation on novel foods ((EC) No 258/1997) and how it has been significantly altered by the adoption of the new regulation. In the first chapter, the Authors provide a comprehensive analysis of the genesis of the new Regulation, its rationale and the policy’s goals. In particular, they describe what food business operators shall do in order to get a new product allowed on the EU market, providing updated information on the regulatory developments from the European Food Safety Authority in nanofoods, cloned animals and insect foods. The role of the European Food Safety Authority is also discussed. The second Chapter summarizes the current toxicological studies used to evaluate novel foods safety, which are an extremely important pillar when speaking of food safety and commercial introduction of new products. Finally, the third Chapter discusses the ‘history of safe use’ approach to the problem of novel foods, and factors such as consumption period analysis, preparation advices and processes, intake levels, nutritional composition, and results of animal studies. Food lawyers, professionals and auditors working in the area of official inspections, quality assurance, food traceability, and international regulation, both in academia and industry, will find this Brief an important account.
Author: Anna Szajkowska
Publisher: BRILL
ISBN: 9086867502
Category : Law
Languages : en
Pages : 155
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Book Description
Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
Author: Mitsuo Matsushita
Publisher: Oxford University Press
ISBN: 0199571856
Category : Business & Economics
Languages : en
Pages : 942
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Book Description
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Author: Lucia Scaffardi
Publisher: Springer Nature
ISBN: 303113494X
Category : Law
Languages : en
Pages : 177
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Book Description
This open access book proposes an in-depth study on a vast range of issues connected to the regulation of Novel Foods in the European Union, pursuing an interdisciplinary approach and thus providing a comprehensive picture of this complex topic. Particular attention is paid not only to the current EU legislative framework, its positive innovations, unsolved problems and limits, but also to food safety issues and the potential impact of Novel Foods on sustainability and food security. In addition, the book focuses on a particular category of Novel Foods: insects for human consumption. These products recently gained momentum after the first EU Commission authorisation of dried yellow mealworm (Tenebrio molitor) in 2021. The book contributes to the lively public debate following this long-awaited authorisation by examining the legal issues arising from the application of the Novel Foods Regulation to these peculiar new foods; the EFSA risk assessment evaluations; the consumers’ perceptions and potential future of insect-based products’ market in the EU. By providing such an extensive analysis, including recent developments and future prospects, the book represents a valuable tool for students and academics, but also institutions and public authorities, helping them understanding the various challenges related to Novel Foods and edible insects. Furthermore, it seeks to promote an informed debate in order to find innovative solutions to pressing problems concerning how to feed the world of tomorrow.
