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This edited book is the first to reflect on childhood obesity as a
global legal challenge. It calls for a thorough commitment to human
rights in the face of an ascendant global agri-food industry. The
book makes an original contribution to the discussion on obesity as
it considers both international economic law and human rights law
perspectives on the issue whilst also examining the relationship
between these two bodies of international law. After highlighting
the importance of a human rights-based approach to obesity
prevention, this book discusses the relevance of international
economic law to the promotion of healthier food environments. It
then examines the potential of international human rights law for
more effective regulation of the food industry, arguing for better
coordination between UN actors and more systematic reliance on
human rights tools, including: the best interests of the child
principle, human rights due diligence processes, and the imposition
of extraterritorial obligations. The concluding chapter reflects on
recurring themes and the added value of a WHO Framework Convention
on Obesity Prevention. This book will be of interest to public
health scholars, particularly those working on obesity and
non-communicable diseases, and those with a broader interest in
children's rights, human rights, international trade, investment,
consumer or food law and policy. It will also be relevant to policy
actors working to improve nutrition and public health globally.
Since the 1980s, there has been an alarming increase in the
prevalence of obesity in virtually every country in the world. As
obesity is known to lead to both chronic and severe medical
problems, it imposes a cost not only on affected individuals and
their families, but also on society as a whole. In Europe, the
Obesity Prevention White Paper of May 2007 - followed by the
adoption of an EU School Fruit Scheme, the acknowledgement that
food advertising to children should be limited, and proposed
legislation to make nutrition labeling compulsory - has firmly
placed obesity on the EU agenda by laying down a multi-sectoral
strategy and a basis for future action. In accordance with this
growing sense of urgency, this is the first book to offer an
in-depth legal analysis of obesity prevention, with particular
reference to Europe. It describes what the EU has done and could do
to support Member States in fighting the obesity epidemic, and
clearly shows the way to locating advocacy strategies within the
framework of EU law. The thorough analysis includes a discussion of
the following issues: the need to address nutrition and physical
activity as important health determinants; the emphasis
traditionally placed at EU level on food safety rather than food
quality; the need for the development of databases on nutrition and
physical activity, comparable common indicators and risk assessment
mechanisms; mainstreaming public health into all EU policies; the
scope of EU powers in the case law of the Court of Justice; the
role of information in the EU's obesity prevention strategy; the
Commission's proposed Mandatory Nutrition Declaration; and, the
Food Claims Regulation. It also includes: the regulation of food
marketing to children, and in particular the role of the
Audiovisual Media Services Directive, the Unfair Commercial
Practices Directive and industry self-regulation; food
reformulation; the use of economic instruments in the EU's obesity
prevention strategy, with an emphasis on the Common Agricultural
Policy and the EU's taxation policy; and EU action in the fields of
sport, occupational health and safety, and transport policy. The
author convincingly shows that conflicts of interest inherent in
market forces demand a strong EU intervention, preferably through
legislation than self-regulation. She also demonstrates the urgent
need to reach an agreement, on the basis of reliable data, about
what is effective in practice to improve lifestyles. The study
acknowledges that the law is not a panacea, but nonetheless has an
influential role to play in making the healthy choice an easier
choice, and must move decisively towards ensuring that the societal
costs associated with obesity are sustainable, and that the
ultimate goal of a healthy population is achievable. The book is
essential reading for everyone involved or interested in the
development of the EU's obesity prevention policy.
One of the most important EU consumer protection directives of the
past decade, the 2005 Unfair Commercial Practices Directive, or
UCPD, is brought under examination in this stimulating volume.
Bringing together leading experts in the comparative law and
consumer law domain, the book discusses the impact of the Directive
and whether the many possible issues identified at its inception
have been borne out in practice. Divided into four parts of
'Implementation, Approximation and Harmonization', 'Vulnerability',
'The UCP Directive and Other Regimes', and finally 'Enforcement',
the volume examines the various policy developments, the growing
body of case law, the decisions of relevant national enforcement
authorities, as well as the legislative debates which have
surrounded the implementation of the UCPD in Member States. This
book provides a valuable assessment of the impact of a major EU
directive almost ten years after its adoption, and as such will be
of interest to academics, legal practitioners and the judiciary
working in the areas of European and Consumer law.
One of the most important EU consumer protection directives of the
past decade, the 2005 Unfair Commercial Practices Directive, or
UCPD, is brought under examination in this stimulating volume.
Bringing together leading experts in the comparative law and
consumer law domain, the book discusses the impact of the Directive
and whether the many possible issues identified at its inception
have been borne out in practice. Divided into four parts of
'Implementation, Approximation and Harmonization', 'Vulnerability',
'The UCP Directive and Other Regimes', and finally 'Enforcement',
the volume examines the various policy developments, the growing
body of case law, the decisions of relevant national enforcement
authorities, as well as the legislative debates which have
surrounded the implementation of the UCPD in Member States. This
book provides a valuable assessment of the impact of a major EU
directive almost ten years after its adoption, and as such will be
of interest to academics, legal practitioners and the judiciary
working in the areas of European and Consumer law.
This collection of essays looks at the role the European Union
could and should play in promoting healthier lifestyle, in light of
the moral, philosophical, legal and political challenges associated
with the regulation of individual choices. By tackling the main
non-communicable diseases (NCD) risk factors (tobacco consumption,
harmful use of alcohol, unhealthy diets and lack of physical
activity), the contributors endeavour to identify common themes and
determine whether and, if so, to what extent the lessons learned in
relation to each area of EU intervention could be transposed to the
others. By focusing on the European Union legal order, the book
highlights both the opportunities that legal instruments offer for
NCD prevention and control agenda in Europe, as well as the
constraints that the law imposes on policy-makers.
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