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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Agricultural law
Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach. Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital. Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction provides a succinct overview of the principles and rules that guide international food law. Neal D. Fortin explores how the globalisation of food supply chains has impacted international food law, making it a pressing concern for contemporary lawmakers. Exploring the maintenance of standards, rules and laws, alongside issues in relation to economics, trade agreements, and free-trade, this comprehensive book provides insight into the future of international food law. Key Features: Offers a historical overview of international food law, covering the key basic concepts Provides insights into key international trade agreements, agencies, and food safety controls Provides guidance on techniques for comparing and understanding the food law of different regions Incisive and accessible, this Advanced Introduction offers invaluable discussion of the major issues in the field for international law scholars, particularly those focusing on food law. It will also be a beneficial read for government officials involved in international trade and lawyers who deal with international food law looking for a better understanding of the history and key components of the topic.
GMOS and Political Stance: Global GMO Regulation, Certification, Labeling, and Consumer Preferences provides a foundational-to-current challenges resource for those involved in developing and applying regulations to these important resources. Beginning with basics of GMOs, the book first familiarizes the reader with the history, economic status, associated risks, global politics, and socio-economics of GMOs. From exploring the necessity of GMO regulations with the existing GMO technology as well as new gene editing technologies to discussion by GMO regulations experts from different continents and countries, readers will find the information necessary to understand the laws, rules, regulations and policies at domestic and international scale. A last chapter delivers an update and future look on gene-edited food and feed and discusses the possibilities on the future risk assessment, legislation and regulation of gene-edited products. GMOS and Political Stance provides a unique and applicable synchronization of all regulatory information on GMOs to facilitate effective and efficient regulatory development and adherence.
Policy Issues in Genetically Modified Crops: A Global Perspective contains both theoretical and empirical evidence of a broad range of aspects of GM crop policies throughout the world. Emphasizing world agriculture production and ethics of GM crops, the book balances insights into the various discussions around the use of GM crops including soil health, effects on animals, environmental sustainability impact, and ethical issues. The book presents aspects of GM crop policies and prevailing controversies throughout the world, in 5 sections containing 23 chapters. Beginning with the discussion of the policies related to GM crops, the book dives deep into issues related to food insecurity, agricultural sustainability, food safety, and environmental risks. Section 5 also captures the recent advances in agricultural biotechnology encompassing research trends, the nano-biotech approach to plant genetic engineering, and other transformation techniques in crop development. The contributors of the book represent different backgrounds, providing a holistic overview of diverse approaches and perspectives. Policy Issues in Genetically Modified Crops: A Global Perspective is a valuable resource for researchers in agricultural policy and economics, agricultural biotechnology, soil science, genetic engineering, ethics, environmental management, sustainable development, and NGOs.
Bio-Economy and Agri-Production: Concepts and Evidence bridges the knowledge gap between sustainability and bio-economy aspects of agri-production. It complements traditional perspectives of agri-production with advanced engineering, information and communication technologies recently applied in agri-business. Including knowledgebased agriculture and reflecting sustainability and circular economy principles, the book presents a holistic view of sustainable bio-economy, contributing to the development of integrated agricultural systems. As technology advances, agricultural production management practices are now being called upon to address the need for sustainability in the bio-economy. Bio-Economy and Agri-Production: Concepts and Evidence presents information to broaden the awareness and promotion of practices and technology to reduce the use of inputs, protect health and environment and improve resource-use efficiency. Topics that are addressed include circular economy in agri-business, lifecycle thinking, lean management, agri-chains, green production, and waste management. Bio-Economy and Agri-Production: Concepts and Evidence is a valuable reference for professionals, consultants, and policy making stakeholders in biosystems engineering and agricultural industries
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.
This book guides the drafting of patent applications from a practical perspective an gives all knowhow required to with a patent. Intended as an introductory text, it covers the entire process of drafting of a patent application and includes many helpful examples or case studies, illustrating the process from start to finish. This book also includes papers on working of patents in India which will give an idea to patentee to how to keep his patent alive. Looking to the increasing awareness among the inventors, investors and scientists and the increasing cost of patent attorneys, editors tried to publish a book containing papers from patent attorneys, scientists and innovators with practical case studies.
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.
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?
Modern food governance is increasingly hybrid, involving not only government, but also industry and civil society actors. This book deftly analyzes the unfolding interplay between public and private actors in global and local food governance. Split into three parts, chapters focus on the legitimacy and integrity of private food governance, the hybridization of EU Food Law and hybridization in transnational food governance. Within these key areas, food scholars from diverse disciplinary fields present a fascinating array of original empirical case studies, showing hybrid governance arrangements in China, Europe and North America. Through these practical examples, they consider in detail how the responsibilities and risks inherent in these arrangements are allocated, how their legitimacy is ensured and the effect that they have on industry and government practice. Timely and discerning, this book will appeal to legal students and scholars focusing on regulation and governance and, in particular, those considering its relation to food. It will also provide guidance to policymakers on how to shape and direct the trends, types and outcomes of hybrid food governance. Contributors include: D. Casey, E. Fagotto, M. Faure, A. Fearne, M. Garcia, T. Havinga, M. Hussein, A. Kalfagianni, K. Kindji, K. Kirezieva, K. Kottenstede, P. Luning, T.D. Lytton, L.K. McAllister, T.A. Roche, E. Thomann, B.M.J. van der Meulen, P. Verbruggen
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.
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.
Food and nutrition security - identified via availability, access, utilization, and stability - and transitions to sustainable food systems are major discourses in the agro-food arena, as many countries today experience different forms of malnutrition simultaneously, such as child undernutrition, anemia among women, and adult obesity. Meanwhile, the triple burden of malnutrition (undernutrition, overnutrition, and micronutrient deficiency) is still widespread. Food Security and Nutrition explores integrated, context-specific approaches to food security challenges, emphasizing nutrition security as an integral component and addressing the implications of food content to food and nutrition security policies. Providing insight into these challenges through agricultural, policy, nutritional, geographic and sustainability lenses, Food Security and Nutrition is a valuable reference for food scientists and nutrition researchers working in food supply, food security, and nutrition security, and policy makers, investors, and other decision-makers seeking to address food insecurity around the world.
This comprehensive yet accessible book offers an in-depth overview of the law relating to the Common Agricultural Policy (CAP). It explores both the initial objectives set out in the Treaty on the Functioning of the EU, and also those policies that have emerged as a result of the growth of competencies within the EU. Examining the four regulations that currently govern the CAP in the areas of direct payments, rural development, finance, and the common organisation of the markets, the author considers their interpretation in the case-law of the Court of Justice of the EU and the General Court. Throughout this insightful book, the European Commission's proposals for CAP reform are discussed and an astute assessment of their National Strategic Plans concludes that Member States would benefit from greater discretion in fine-tuning the principles of the policy established at European level to the particular characteristics of their national agricultural sector. Students and scholars of European law and agricultural law more specifically will find this book a structured and nuanced guide to existing and future policy at both EU and WTO levels. Policy makers and practitioners will also find its up to date treatment of the law a valuable reference.
This volume covers an impressively wide ground of issues related to (and originating from) the EU's Common Agricultural Policy, from both a domestic and an international perspective. Legal, economic and political matters are treated by top-class scholars. Each individual chapter is worth reading, and collectively they constitute a treasure chest of highly valuable insights into the operation and deficits of the CAP.' - Stefan Tangermann, former OECD Director for Trade and AgricultureFollowing the conclusion of the latest round of reforms to the Common Agricultural Policy (CAP) in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and the changing landscape in which the CAP now operates. Adopting an interdisciplinary approach, and with international contributors from across Europe and the United States, the Handbook commences with analyses of the legal instruments which implement the reformed CAP, before moving on to consider questions of land use, the role of agriculture within the wider food chain and the international dimension. In these contexts, particular issues identified include: the environmental impact of past, present and future farming practices; the ability of the food chain to accommodate consumer preferences and scientific innovation; and the hurdles to be cleared before international consensus can be reached on a whole range of agricultural imperatives. As well as providing a state-of-the-art point of reference for academics, this comprehensive book will be of great interest to students, scholars and policymakers dealing with these new challenges faced by agriculture in the EU. Contributors: J. Anton, D. Baldock, D. Blandford, L. Bodiguel, M.N. Cardwell, M.G. Desta, A. Di Lauro, M. Dobbs, C. Haberli, D. Harvey, K. Hassapoyannes, W. Howarth, B. Jack, T. Josling, I. Kireeva, C. MacMaolain, A. Matthews, J.A. McMahon, B. O Connor, R. O'Gorman, C. Potter, C. Rodgers, F. Smith, S. Switzer, J. Vandenberghe
Agriculture has been the unruly horse of the GATT/WTO system for a long time and efforts to halter it are still ongoing. This Research Handbook focuses on aspects of agricultural production and trade policy that are recognized for their importance but are often kept out of the limelight, such as the implication of national and international agricultural production and trade policies on national food security, global climate change, and biotechnology. It provides a summary of the state of the WTO agriculture negotiations as well as the relevant jurisprudence, but also, and uniquely, it focuses on the new and emerging issues of agricultural trade law and policy that are rarely addressed in the existing literature. With contributions from a multi-disciplinary team of leading analysts from around the world, this Research Handbook will appeal to trade negotiators, international trade law and policy academics as well as postgraduate students in the field. Contributors include: K. Anderson, D. Blandford, M. Cardwell, I. Carreno, M.G. Desta, G. Dutfield, C. Haberli, L.A. Jackson, T. Josling, E. Laurenza, A. Matthews, J.A. McMahon, F. Smith, S. Switzer
From soil degradation and biodiversity loss to the coexistence of malnutrition and obesity, many of the largest challenges facing humanity today are underpinned by food and agriculture systems. In order to alleviate and resolve them, global governance of food and agriculture needs to be reformed. Unravelling the array of international regulatory instruments, this timely book provides the first systematic analysis of the international law surrounding food systems. International Agricultural Law and Policy provides a systems-based analysis of the rules that intersect with the physical elements of agriculture against a framework of commonly held norms. The author conducts a comprehensive examination not only of the rules, but also the implementation and broader socioeconomic, scientific and political context. By, exploring and clarifying the relationship between food security and the right to food and sustainability, Johnson closes the gap between the disparate international rules that govern food and agriculture, while exploring the practical implications of these overlapping regimes. This unique book is an invaluable resource for lawyers and social scientists working within food and agriculture systems and their governance and lays the much-needed groundwork for future research. For policy makers in the food and agricultural space, this book provides a wide-ranging and innovative analysis of the global regulatory landscape that influences law and policy processes.
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.
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. |
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