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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Agricultural 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.
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 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
This book is concerned with the law of agriculture in the EC. It is an area in which it has few competitors, yet which raises major issues relevant to all those with an interest in EC law and World Trade law more generally.
The WTO Agreement on Agriculture subjected agriculture to a set of
international rules for the first time in the history of
international trade. Ever since its negotiation, the Agreement has
been at the forefront of the controversy surrounding the purpose
and impact of the WTO itself. This commentary provides a full legal
analysis of the obligations imposed by the agreement on WTO
members, and of the complex history of the Agreement's negotiation
and revision and the controversy surrounding its effect on
international development.
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.
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 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.
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 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.
Farmers' Rights are essential for maintaining crop genetic diversity, which is the basis of all food and agricultural production in the world. The International Treaty on Plant Genetic Resources for Food and Agriculture recognizes Farmers' Rights and provides for relevant measures. However, implementation is slow, and in many countries there is resistance. This book shows the necessity of realizing Farmers' Rights for poverty alleviation and food security, the practical possibilities of doing so, and the potential gains for development and society at large. It provides decision-makers and practitioners with a conceptual framework for understanding Farmers' Rights and success stories showing how each of the elements of Farmers' Rights can be realized in practice. The success stories have brought substantial achievements as regards one or more of the four elements of Farmers' Rights: the rights of farmers to save, use, exchange and sell farm-saved seed; the protection of traditional knowledge; benefit- sharing; and participation in decision-making. This does not mean that these examples are perfect. Challenges encountered on the way are conveyed and offer important lessons. The stories represent different regions and localities, including Europe, Asia, Africa and Latin America, as well as various categories of stakeholders and types of initiatives and policies.
Acknowledging the challenges and opportunities raised by Brexit for the agrifood supply chain and agricultural policies across the UK, this book provides the first in-depth analysis of agricultural policy developments across the UK's four nations rooted in strong theoretical and practical underpinnings. Arguing that the four nations could be more ambitious in departing from the Common Agricultural Policy and extending beyond the 'public money for public goods' approach adopted across the UK, it critiques the core attributes of their policies with focuses including the debate over outcome-based schemes, governance mechanisms, impacts on farm diversity and path dependency on the Common Agricultural Policy and English approaches. It promotes a 'resilient agriculture' paradigm and utilises social-ecological services, net zero, agroecology and agri-food democracy as the main pathways to achieve this. In doing so, it scrutinises the evolving contextual, political and legal landscape within which devolved and UK agricultural policies are developing from a multilevel governance perspective, examining the implications of WTO law for the UK and its devolved administrations to determine environmental, food and animal welfare standards under the GATT, the SPS and TBT Agreements and financial support schemes under the Agreement on Agriculture. The book assesses the significance of the Northern Ireland Protocol, the Trade and Cooperation Agreement with the EU and other free trade agreements for standards across the UK and access to markets. From a domestic perspective, challenges to devolution and the stability of the Union are highlighted. Elements of unilateral recentralisation are visible via financing mechanisms, the UK Internal Market Act and the Agriculture Act. The book's interdisciplinary nature makes it of interest to lawyers, political scientists, economists, human geographers and scientists, as well as policymakers, agricultural communities, civil society organisations and think tanks in the devolved administrations, the UK, the EU and beyond.
Congress has been active in establishing federal policy for the agricultural sector on an ongoing basis since the 1930s. Over the years, as economic conditions and technology have evolved, Congress has regularly revisited agricultural policy through periodic farm legislation. Over these decades, the breadth of policy areas addressed through such farm bills has expanded beyond providing support for a limited number of agricultural commodities to include establishing programs and policies that address a spectrum of related areas, such as agricultural conservation, credit, rural development, domestic nutrition assistance, trade and international food aid, organic agriculture, and support for beginning and veteran farmers and ranchers, among others.Congress sets national food and agriculture policy through periodic omnibus farm bills. The 115th Congress has the opportunity to establish the future direction of farm and food policy because many of the provisions in the current farm bill expire in 2018. Chapter 1 provides a title-by-title summary of the policies and provisions in H.R. 2 and compares them with current law.The Trump Administration released its first full budget request on 23 May 2017. It proposes specific amounts for the FY2018 Agriculture appropriation as well as legislative changes to various mandatory spending programs, including those in the farm bill. Chapter 2 separates the Presidents budget request into proposed changes for agriculture based on congressional jurisdiction.Over time, farm bills have tended to become more complicated and politically sensitive. As a result, the timeline for reauthorization has become less certain. Chapter 3 reports on the budget issues shaping the 2018 farm bill while chapter 4 examines the major legislative milestones for the last 12 farm bills covering 54 years.Three farm bills have contained an energy title: the 2002 farm bill, the 2008 farm bill, and the 2014 farm bill. For all three farm bills, the major energy programs expire and lack baseline funding. Chapter 5 presents data on 2014 farm bill budgetary authority for energy provisions, as well as the original budget authority for Title IX programs under the previous 2008 farm bill.The timing and consequences of expiration vary by program across the breadth of the farm bill. There are two principal expiration dates: September 30 and December 31. Chapter 6 reports on the possible consequences of expiration including minimal disruption (if the program is able to be continued via appropriations), ceasing new activity (if its authorization to use mandatory funding expires), or reverting to permanent laws enacted decades ago (for the farm commodity programs).
Congress has been active in establishing federal policy for the agricultural sector on an ongoing basis since the 1930s. Over the years, as economic conditions and technology have evolved, Congress has regularly revisited agricultural policy through periodic farm legislation. Across these decades, the breadth of policy areas addressed through such farm bills has expanded beyond providing support for a limited number of agricultural commodities to include establishing programs and policies that address a broad spectrum of related areas, such as agricultural conservation, credit, rural development, domestic nutrition assistance, trade and international food aid, organic agriculture, forestry, and support for beginning and veteran farmers and ranchers, among others. On June 21, 2018, the House voted to approve H.R. 2, the Agriculture and Nutrition Act of 2018, an omnibus farm bill that would establish farm and food policy for the next five years. The Senate passed its version of H.R. 2, the Agriculture Improvement Act of 2018, on 28 June 2018.
According to the U.S. Department of Agriculture (USDA), the United States is expected to be the fourth largest producer and exporter of peanuts in the world in 2015. In addition to its prominent role in international markets, U.S. peanut production and marketing is an important activity in several states located in the southeastern and southwestern United States. The U.S. sugar program is singular among major agricultural commodity programs in that it combines a floor price guarantee with a supply management structure that encompasses both domestic production for human use and sugar imports. The sugar program provides a price guarantee to the processors of sugarcane and sugar beets, and by extension, to the producers of both crops. This book provides a review of the background, policies and provisions on federal programs for both peanuts and sugar. |
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