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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Agricultural law
The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and aquaculture. However, the CFP is not just a matter for those with an economic interest in fisheries. It also raises many issues of more general concern, such as the capacity of the EC and its Member States to manage important natural resources sustainably, the impact of fishing on the wider marine environment, and relations between developed and developing States. This book addresses the CFP from a legal perspective. It provides a detailed account of the very large body of EC law comprising the CFP, and draws on the European Commission's associated documents to aid interpretation and add context. As a result, the book will be of value to anyone wanting knowledge of the law of the CFP. Although not addressing the Commission's 2009 Green Paper on reform of the CFP, the book should provide a useful reference point against which to view the reform of parts of the CFP that is anticipated to take place over the next few years.
The regulation of genetically modified organisms (GMOs) continues
to generate controversy. On the one hand, they are actively
promoted by the biotechnology industry as vital to ensuring food
security. Yet, on the other hand, consumer resistance persists, not
least in the European Union, and such lack of confidence extends
not just to GM food itself but also to the regulatory regime, where
legal issues are inextricably linked with economics and politics.
Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Manju Pathak is presently a Professor of Biotechnology at Amity University, Noida. Earlier to this, she was a Professor of Biotechnology at Vellore Institute of Technology (VIT) University, Vellore, Tamilnadu.
Agricultural Law in Sub-Saharan Africa: Cases and Comments introduces the subject of agricultural law and economics to researchers, practitioners, and students in common law countries in Sub-Saharan Africa, and presents information from the legal system in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law and economics approach entails the use of quantitative methods in research. This is consistent with the expectations in an applied economics field such as agricultural economics. Covering the general traditional law topics in contracts, torts, and property, the book goes further to introduce cutting-edge and region-relevant topics, including contracts with illiterate parties, contract farming, climate change, and transboundary water issues. The book is supported by an extensive list of reference materials, as well as study and enrichment exercises, to deepen readers' understanding of the principles discussed in the book. It is a learning tool, first and foremost, and can be used as a stand-alone resource to teach the subject matter of agricultural law and economics to professionals new to the subject area as well as to students in law school, agricultural economics, economics, and inter-disciplinary classes.
As the modern food system continues to transform food - its composition, taste, availability, value, and appearance - consumers are increasingly confronted by legal and regulatory issues that affect us all on a daily basis. In Food Law in the United States, Michael T. Roberts addresses these issues in a comprehensive, systematic manner that lays out the national legal framework for the regulation of food and the legal tools that fill gaps in this framework, including litigation, state law, and private standards. Covering a broad expanse of topics including commerce, food safety, marketing, nutrition, and emerging food-systems issues such as local food, sustainability, security, urban agriculture, and equity, this book is an essential reference for lawyers, students, non-law professionals, and consumer advocates who must understand food law to advance their respective interests.
This book offers a new and differentiated overview of Agri-Food Law against the background of national and global integration of markets, and compares for the first time important aspects of the agricultural, environmental and food law of China and Germany / the European Union. In addition to the basics, it discusses a wide range of issues, such as the respective legal regulatory structures for food security, food safety, geographical indications of origin, climate protection, fertilizers, plant protection products, genetic engineering, water protection, soil protection, land resources and organic farming. In addition, it addresses key environmental impacts and developments in order to create integrated value chains. The increasing fusion of upstream and downstream areas is becoming apparent from primary production, to the refinement and trade up level, and even to consumption. Agri-Food Law is now productively taking these important developments into account with regard to the aforementioned countries.
Almost all conversions of former Landwirtschaftliche Produktionsgenossenschaften (LPG - agricultural production cooperatives) in the years of 1990/91 were deficient. The volume documents the facts and presents the legal situation and the deviating practice. The legal-political background is considered as well as the strategy of politics and administration.
This book focuses on the social and environmental issues being addressed by agricultural law within the current globalised system. What is agricultural law? Agricultural regulations concern and affect essential human needs and values that must be dealt with by pursuing a comprehensive and coordinated global approach. By tracking the developments in this context, this book explores the new challenges that agricultural law needs to address in order to frame emerging dilemmas. International governance of natural resources and their role in addressing food insecurity is the object of the first Part of the volume, which deals with sustainable agriculture and agro-ecosystem services in connection with the food security issue. The second Part focuses on the regulation of food as the main product of agricultural activity, and explores the answers that the law can provide in order to accommodate consumers' interests and concerns (inter alia, novel foods, animal welfare, direct sales and e-commerce). The third Part examines the social, environmental and legal consequences of a renewed interest in agricultural investments. Further, it analyses the evolution and the interplay between different legal systems with regard to land tenure, environmental concerns and investments in agriculture.
Flag of convenience fishing seriously undermines efforts to protect the marine environment. To counter this threat, "Market Denial and International Fisheries Regulation" rests on the logic of the most basic tenet of economics: if no market exists for a product then producers will cease to produce. Denying market access to the flag of convenience fishing fleet should significantly reduce instances of illegal, unreported and unregulated (IUU) fishing. In areas beyond national jurisdiction not only is market denial the most effective means of undermining the IUU fleet, it is, for most practical purposes, the only way to do so. To what extent, however, do the laws of the sea and international trade allow groups of States to close their markets to non-compliant fishing vessels?
Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favour of economic considerations, and for its visible undermining of unique cultural identities. This book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The beef hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion.
There are many people and places connected to rivers: fishermen whose livelihood depends on river ecosystems, farms that need irrigation, indigenous groups whose cultures rely on fish and flowing waters, cities whose electricity comes from hydroelectric dams, and citizens who seek wild nature. For all of these people, instream flow is vitally important to where and how they live and work. Riverflow reveals the diverse and creative ways people are using the law to restore rivers, from the Columbia, Colorado, Klamath and Sacramento-San Joaquin watersheds in America, to the watersheds of the Tweed in England and Scotland, the Fraser in Canada, the Saru in Japan, the Nile in North Africa, and the Tigris-Euphrates in the Middle East. Riverflow documents that we already have the legal tools to preserve the ecological integrity of our waterways; the question is whether we have the political will to deploy these tools effectively.
This book provides in-depth insights into the regulatory frameworks of five countries and the EU concerning the regulation of genome edited plants. The country reports form the basis for a comparative analysis of the various national regulations governing genetically modified organisms (GMOs) in general and genome edited plants in particular, as well as the underlying regulatory approaches.The reports, which focus on the regulatory status quo of genome edited plants in Argentina, Australia, Canada, the EU, Japan and the USA, were written by distinguished experts following a uniform structure. On this basis, the legal frameworks are compared in order to foster a rational assessment of which approaches could be drawn upon to adjust, or to completely realign, the current EU regime for GMOs. In addition, a separate chapter identifies potential best practices for the regulation of plants derived from genome editing.
To all appearances, Europe is at present undergoing a crisis of consumer confidence with respect to the food industry. Recent food scares, the genetically-modified food controversy, a growing public awareness of the environmental footprint of intensive faming methods, and a perceived threat to the deeply-held European cultural values surrounding diet and cuisine all have combined to expose the vulnerability of consumers in the very ordinary activity of purchasing food. Although the creation of the European Food Safety Authority (EFSA) in February 2002 can be viewed as an EU response to this crisis, it in fact represents an inevitable milestone in a body of food-specific European legislation and case law that has been growing for many years. The EFSA does, however, clearly establish food law as an autonomous branch of EU law. This is the first book to survey and analyze this body of law in depth, drawing together the relevant laws and cases and taking stock of the trends and likely future developments in this dynamic and emotive area of law and policy.
This book is the first wide-ranging guide to the key issues of intellectual property and ownership, genetics, biodiversity and food security. Proceeding from an introduction and overview of the issues, comprehensive chapters cover negotiations and instruments in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization, World Intellectual Property Organization, the International Union for the Protection of New Varieties of Plants and various other international bodies. The final part discusses the responses of civil society groups to the changing global rules, how these changes affect the direction of research and development, the nature of global negotiation processes and various alternative futures. Published with IDRC and QIAP.
This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. "Rural" is more than "agricultural": if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.
With the conclusion of the Uruguay Round Agreement on Agriculture in 1994, agriculture has for the first time been integrated into world trade rules and disciplines. WTO Members have made a commitment to continue the reform process initiated during the Uruguay Round by starting new WTO negotiations on agriculture by the year 2000. This book combines academic analysis with practical expertise to discuss, in an accessible and systematic way, some of the principal aspects of these agricultural negotiations, and aims to make recommendations for viable and successful negotiating positions in the new WTO talks on agricultural trade. Several expert articles outline the historical and political background of previous negotiations and policy developments in agricultural trade. Others provide an overview of the key issues for the new round of negotiations.
Agrobiodiversity and agroecology go hand-in-hand in promoting environmental resilience in international food systems as well as climate change resilient food policy. This book contextualizes how various legal frameworks address agrobiodiversity and agroecology around the globe and makes it accessible for audiences of students, practitioners, educators, and scholars. Some chapters focus on the legal regulation of agroecology from a food law perspective. Others are geared toward providing regulators, lawmakers and attorneys with the scientific and policy background of those concepts, so that they are equipped in the field of food law in everyday practice and policy. Climate change dimensions of the issues are woven throughout the book.
The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant andapplicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law."
This book exists at the intersection of two complementary and conflicting perspectives, law and biology. From the vantage point of both disciplines, Juris Zoology provides a comprehensive and realistic framework to objectively assess the role and significance of animals in American civil and criminal law. Contrasting the views of animal rights activists, Duckler examines animals in terms of their prehistory, history, biology, social utility, economic effect, and aesthetic value. Focusing on animal captivity, control, use, and value, Duckler refutes the proposal of granting animal's legal rights. The book offers a new and controversial voice to the national conversation on the propriety of animal rights, and would be of interest to lawyers, economists, sociologists, as well as scholars and professionals in animal-related fields.
This book has 11 chapters which systematically introduce the latest achievements in scientific research and technological application of the forage industry in China, and also cover the laws and polices related to forage production. The main focus of this monograph is the progress of forage science in China. Each chapter in this book contains numerous charts and diagrams further illustrating the impact of development activities in the area. It is the first book in its field and compiled by mobilizing all the research forces in the field of forage grass and under the leadership of China Agricultural University, Lanzhou University, and Sichuan Academy of Grassland Sciences with the support of other related universities and research institutes. China is the largest forage consumption country in the world. Every year, more than 2 billion herbivorous livestock need more than 350 million tons of forage but the supply each year is only 250 million tons. With the policy and financial support of the Central Government, the forage industry in China has been developed rapidly, great progress has been made in the science and technology in forage production, processing, and utilization, and its influence has been increased in the world.
In order to meet the increasing economic and environmental challenges faced by the European farming industry, the EU has advocated a new 'European Model of Agriculture' which will provide a competitive and diverse agricultural sector that is environmentally responsible, and addresses issues of food quality and animal welfare. Implementing such a range of policies requires the EU to pass a large amount of legislation. This book sets out to analyse whether the legislative framework for this model can deliver these policy objectives. |
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