Category Archives: Agriculture

Climate Change and Justice: Perspectives of Legal Theory (F. Ekardt)

Author(s)

Felix Ekardt

Keywords

Adaptation to Climate Change, Agriculture and Climate, Climate Change, Climate Change Convention, Climate Change and Law, Climate Law, Housing and Climate, Renewable Energy, Sustainable Development

Abstract

Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives.

Citation

(2013) 21 IUS Gentium 63

Paper

Climate Change and the Law

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Access to environmental information (V. Edwards)

Author

Vanessa Edwards

Keywords

Environment, Administrative law, Agriculture, European Union,  Access to information, EU law, Environmental information, Plant protection products, Trade secrets

Abstract

Reports on the European Court of Justice ruling in Stichting Natuur en Milieu v College voor de Toelating van Gewasbeschermingsmiddelen en Biociden (formerly College voor de Toelating van Bestrijdingsmiddelen) (C-266/09) on whether Directive 2003/4 was applicable to a request for information submitted as part of an application for a plant protection product authorisation since it was in force on the date that the request was refused. Considers whether the information requested was “environmental information” within the meaning of art.2 of the Directive. Assesses whether it was a trade secret.

Citation

(2011) 23(1) Journal of Environmental Law 143-144

Paper

Access to environmental information

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The Global Food System, Environmental Protection, and Human Rights (C Gonzalez)

Author

Carmen G. Gonzalez

Keywords

Human rights law, food security, food sovereignty, right to food, biodiversity, WTO, trade policy, international environmental law, IMF, World Bank, international law, climate change, biofuels, agricultural law, international trade law, political economy

Abstract

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights and international environmental law to the detriment of small farmers and the environment. The article analyzes the international legal regime applicable to food and agriculture, explains the ways in which the current regime perpetuates food insecurity and unsustainable cultivation practices, and argues that agriculture should be removed from the purview of the World Trade Organization. The article concludes by sketching out some of the elements of an alternative approach to global governance based on the concept of food sovereignty.

Citation

Natural Resources & Environment, Vol. 26, No. 3, Winter 2012
Seattle University School of Law Research Paper No. 12-12

Publication

The Global Food System, Environmental Protection, and Human Rights

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Public rights of way and level playing fields (M. Cardwell & J. Hunt)

Author(s)

Michael Cardwell and Jo Hunt

Keywords

Agriculture, Environment, Common agricultural policy, EU law, Environmental protection, Public rights of way

Abstract

Comments on the European Court of Justice decision in R. (on the application of Horvath) v Secretary of State for the Environment, Food and Rural Affairs (C-428/07) on the requirements for maintaining land in good agricultural and environmental condition.

Citation

(2010) 12(4) Environmental Law Review 291-300

Paper

Public rights of way and level playing fields

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Consultative Opinion on Liability of Public and Private Actors for Genetic Contamination of Non-GM Crops (Anon)

Keywords

Environment, Agriculture, Contamination, Crops, Environmental protection, Genetically modified organisms

Abstract

Provides an abridged version of the International Court of Environmental Arbitration and Conciliation’s Consultative Opinion on Liability of Public and Private Actors for Genetic Contamination of Non-GM Crops. Considers: (1) the problem of coexistence between conventional and organic farming and genetically modified (GM) farming; (2) international and supranational liability regimes; (3) the inadequacy of traditional liability in tort or under the law of neighbour relations; (4) the new generation of GMO liability laws relating to coexistence, including in Germany, Brazil and Mexico; and (5) the responsibility of food aid agencies for GMO contamination.

Citation

(2005) 7(4) Environmental Law Review 253-272

Report/Opinion

Consultative Opinion on Liability of Public and Private Actors for Genetic Contamination of Non-GM Crops

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