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.

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.

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.

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

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.

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 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.

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.
This edited collection provides a novel contribution to the ongoing debate, recognizing that the legislative environment is complicated by forces as varied as national public opinion and world trade commitments.
The book is divided into four parts. The first of these addresses the influence in this context of both civil society and economic imperatives. The second part is directed more specifically to the measures that have been implemented in the European Union, considering multi-level governance, wider aspects of food law, co-existence with conventional and organic crops, and environmental liability. The third part is comparative in focus, with chapters covering the diverse regimes implemented in Africa, Australia, North America and South America. The book concludes with chapters on world trade and international considerations, including analysis of the Biotech case.

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.

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.

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.

This book examines global environmental governance and how legal, institutional, and conceptual reform can facilitate a transformation to a new 'natural-systems' form of agriculture. Profound global climate disruption makes it essential that we replace our current agricultural system - described in this book as a fossil-carbon-dependent 'modern extractive agriculture' - with a natural-systems agriculture featuring perennial grains growing in polycultures, thereby mimicking the natural grassland and forest ecosystems that modern extractive agriculture has largely destroyed. After examining relevant international legal and conceptual foundations (sovereignty, federalism, global governance) and existing international organizations focusing on agriculture, the book explores legal and institutional opportunities to facilitate dramatic agricultural reform and ecological restoration. Among other things, it explains how innovative federalism structures around the world provide patterns for reorienting global environmental governance, including what the book calls eco-states that would, through exercise of pluralistic sovereignty, be responsible for agroecological management. Drawing from his experience working in international institutions, the author provides detailed global-governance proposals for facilitating the type of agricultural reform that can help avoid ecological collapse, especially through soil degradation and climate change. This book will be of great interest to students and scholars of international law, agroecology, climate change, ecological restoration, sustainable development, and global governance, as well as policy-makers and practitioners working in these fields.

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

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

Intellectual Property and Agriculture addresses the important but largely neglected question of intellectual property's relationship to the production, processing, marketing, and circulation of agricultural inputs, products, and practices. This comprehensive literature review assesses the work of scholars from law, history, anthropology, science and technology studies, economics, and plant science on plants and plant genetic resources, late twentieth century international intellectual property agreements, and geographical indications of origin.

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.

"Three Agriculture-related problems" is a social problem of public concern in China since its reform and opening up program. Nowadays, people from all walks of life have realized the seriousness of the problem, the urgency of solving the problem and the great significance of solving the problem to the deepening of socialist economic market. So far, there have been great achievements in the economic and sociological circles, but the research in the legal field is relatively weak. In search for methods and approaches for solutions, many researchers stopped where the problems arose. Therefore, to solve the "three agriculture-related problems" fundamentally, more insightful research shall be made from a higher perspective, that is, the rule of law.

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.

Global food insecurity is a growing issue. At a time when the world's population is increasing and agricultural production is challenged by climate change, it is estimated that around a third of the food produced globally is lost or wasted. This book examines the problem of food loss and waste (FLW) and the policies that could be enacted to remedy this fundamental global concern. Michael Blakeney provides a well-rounded view of FLW from production to plate. He begins by examining the problems associated with defining and measuring food waste, arguing that more reliable data on FLW is key to the creation of effective FLW reduction policies. He goes on to address the drivers of FLW, the environmental impacts of FLW and the moral and ethical considerations that are linked to the issue. Food Loss and Waste concludes with a critical assessment of FLW reduction strategies across the food supply chain. Providing the first comprehensive assessment of FLW and its remedies, this book will be of great interest to scholars working in the fields of food security, agricultural law and policy and rural economics. Policy makers involved in food policy and security will also find this a valuable resource as it identifies and analyses FLW policies on an international scale.

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

This introductory textbook provides an overview of the concepts necessary for an understanding of agricultural and agribusiness law. The text will help students of land-based industries with little or no legal background to appreciate and identify issues that may require referral or consultation with legal counsel. This new edition is fully revised and updated, particularly addressing developments in taxation and trade, and includes a new chapter on criminal law, an area of increasing relevance to agriculture. Each concise chapter addresses a different legal issue that those employed in agriculture and agribusiness may face, and both federal law and representative examples of state law are included. In addition to traditional topics such as contracts, property law, and estate planning, the book also covers more contemporary issues such as organic certification, animal law, genetically engineered crops, and food safety. Agricultural law extends beyond those directly engaged in farming to those in agribusiness who provide services and inputs to farmers, buy farmers' products, store or transport products, manufacture food products and serve as intermediaries between farmers and consumers. The book will, therefore, also serve as a reference and a guide for those employed in agribusiness and agriculture.

Crofting law has been subject to substantial updating as part of the Scottish Government's land reform programme. This practical guide takes you through the complex web of legislation governing crofting law in Scotland. It is the first text to cover the Crofting Reform etc. Act 2007, the Crofting Reform (Scotland) Act 2010, and the Crofting (Amendment) (Scotland) Act 2013.

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.