Environmental and Food Law
A.Y. 2023/2024
Learning objectives
The Environmental and Food Law course has the purpose to
introduce students to the main international instruments
regulating States' environmental policies and food security
and safety policies. Analysis of cases, international
conventions and declarations will provide a deep overview
of States' practice and will offer the necessary tools for a
proper knowledge of the leading literature by international
lawyers.
introduce students to the main international instruments
regulating States' environmental policies and food security
and safety policies. Analysis of cases, international
conventions and declarations will provide a deep overview
of States' practice and will offer the necessary tools for a
proper knowledge of the leading literature by international
lawyers.
Expected learning outcomes
Students will familiarize with the normative content of concept of food security from its inception to its development and operazionalization in a multitude of international hard law and soft law standards. They will
furthermore gain a solid understanding of some of the most cutting-edge issues pertaining to the realm of food (in)security from a trade and investment perspective. They will also learn about the multi-faceted aspects of food safety regulation and be exposed to some of the most
controversial issues arising out the food safety, health and trade conundrum (e.g. use of hormones and GMOs). Finally, they will familiarize with the basic instruments of international environmental law, from the 1972 Stockholm Declaration to the 2015 Paris Agreement, and be provided with an overview of how environmental considerations
intersect with trade and investment objectives.
furthermore gain a solid understanding of some of the most cutting-edge issues pertaining to the realm of food (in)security from a trade and investment perspective. They will also learn about the multi-faceted aspects of food safety regulation and be exposed to some of the most
controversial issues arising out the food safety, health and trade conundrum (e.g. use of hormones and GMOs). Finally, they will familiarize with the basic instruments of international environmental law, from the 1972 Stockholm Declaration to the 2015 Paris Agreement, and be provided with an overview of how environmental considerations
intersect with trade and investment objectives.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
INTERNATIONAL FOOD LAW:
International food law is the first module of the Environmental and Food Law course. The course aims to give students a good theoretical understanding of food security governance, focusing on trade policy. It is structured in two parts. The first part familiarizes students with the concept of food security, its underlying policy paradigms, assumptions, and related criticisms, as well as its evolving institutional architecture. In addition, students will gain an understanding of trade and investment law perspectives on cutting-edge food (in)security issues such as trade rules on seeds, agricultural export restrictions and public food stockholding. The second part focuses on the multi-faceted aspects of food safety regulation under international trade law. Students will explore some of the most controversial issues arising from the food safety, health and trade conundrum, including trade regulations on hormones, GMOs and pesticides.
Course calendar:
(1) September 29, 2023
Framing the issue: Key concepts; The right to food; Food systems governance
(2) October 6, 2023
Seed systems and peasants' rights in international (economic) law
(3) October 13, 2023
Agricultural export restrictions and food security; Public stockholding, food security and WTO disciplines
(4) October 20, 2023
Food safety, scientific evidence and societal value judgements in the WTO
(5) October 27, 2023
GMOs: EU and WTO framework
(6) November 3, 2023
Pesticides regulation: EU and WTO frameworks
INTERNATIONAL ENVIRONMENTAL LAW:
International environmental law is the second module of the Environmental and Food Law course. The module has the purpose to introduce students to the main features of international environmental law and its international legal instruments. The course will first illustrate the origins and evolution of international environmental law, from the 1972 Stockholm Declaration to the 2015 Paris Agreement and the 2030 Agenda for Sustainable Development, and the main principles governing the current international legal framework and how this is implemented. Analysis of cases, international conventions and declarations will provide an overview of States' practice and will offer the necessary tools to understand the challenges posed by global environmental problems. Students will familiarize with the main principles of international environmental law, and some existing legal regimes on substantive isues, with a particular focus on the protection of marine environment and freshwater, on the protection of atmosphere and of the ozone layer, and the climate change regime.
Course calendar:
1) November 10, 2023
- Introduction to International Environmental Law
- Emergence and Development of International Environmental Law
2) November 17, 2023
- Main Features of International Environmental Law
- Implementation of International Environmental Law
3) December 1, 2023
- Principles of International Environmental Law
4) December 15, 2023
- Protection of Marine Environment and Freshwater
5) January 12, 2024
- Protection of the Atmosphere and of the Ozone Layer
6) January 19, 2024
- The Climate Change
International food law is the first module of the Environmental and Food Law course. The course aims to give students a good theoretical understanding of food security governance, focusing on trade policy. It is structured in two parts. The first part familiarizes students with the concept of food security, its underlying policy paradigms, assumptions, and related criticisms, as well as its evolving institutional architecture. In addition, students will gain an understanding of trade and investment law perspectives on cutting-edge food (in)security issues such as trade rules on seeds, agricultural export restrictions and public food stockholding. The second part focuses on the multi-faceted aspects of food safety regulation under international trade law. Students will explore some of the most controversial issues arising from the food safety, health and trade conundrum, including trade regulations on hormones, GMOs and pesticides.
Course calendar:
(1) September 29, 2023
Framing the issue: Key concepts; The right to food; Food systems governance
(2) October 6, 2023
Seed systems and peasants' rights in international (economic) law
(3) October 13, 2023
Agricultural export restrictions and food security; Public stockholding, food security and WTO disciplines
(4) October 20, 2023
Food safety, scientific evidence and societal value judgements in the WTO
(5) October 27, 2023
GMOs: EU and WTO framework
(6) November 3, 2023
Pesticides regulation: EU and WTO frameworks
INTERNATIONAL ENVIRONMENTAL LAW:
International environmental law is the second module of the Environmental and Food Law course. The module has the purpose to introduce students to the main features of international environmental law and its international legal instruments. The course will first illustrate the origins and evolution of international environmental law, from the 1972 Stockholm Declaration to the 2015 Paris Agreement and the 2030 Agenda for Sustainable Development, and the main principles governing the current international legal framework and how this is implemented. Analysis of cases, international conventions and declarations will provide an overview of States' practice and will offer the necessary tools to understand the challenges posed by global environmental problems. Students will familiarize with the main principles of international environmental law, and some existing legal regimes on substantive isues, with a particular focus on the protection of marine environment and freshwater, on the protection of atmosphere and of the ozone layer, and the climate change regime.
Course calendar:
1) November 10, 2023
- Introduction to International Environmental Law
- Emergence and Development of International Environmental Law
2) November 17, 2023
- Main Features of International Environmental Law
- Implementation of International Environmental Law
3) December 1, 2023
- Principles of International Environmental Law
4) December 15, 2023
- Protection of Marine Environment and Freshwater
5) January 12, 2024
- Protection of the Atmosphere and of the Ozone Layer
6) January 19, 2024
- The Climate Change
Prerequisites for admission
The course does not require previous knowledge of the topic. A good level of English is recommended.
Teaching methods
Lectures supported by slides, graphs, videos and in-class discussion.
Teaching Resources
FOOD LAW MODULE:
Course slides.
Additional readings:
· Candel, Jeroen J. L. 2014. 'Food Security Governance: A Systematic Literature Review'. Food Security 6 (4): 585-601. (https://link.springer.com/article/10.1007/s12571-014-0364-2)
· Espa, Ilaria. 2021. 'Export Restrictions on Food Commodities During the COVID-19 Crisis:
Implications for Food Security and the Role of the WTO'. In Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era, edited by Amrita Bahri, Weihuan Zhou,
and Daria Boklan, 43-56. Studies in International Trade and Investment Law. Oxford: Hart
Publishing.
· Guzman, Andrew T. 2004. 'Food Fears: Health and Safety at the WTO'. Virginia Journal of
International Law 45 (1): 1-40. (https://www.law.berkeley.edu/files/guzman_food_fears.pdf)
· Maletta, Hector E. 2014. 'From Hunger to Food Security: A Conceptual History'. SSRN
Scholarly Paper 2484166. Rochester, NY: Social Science Research Network.
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2484166)
· Matthews, Alan. 2022. 'Implications of the European Green Deal for Agri-food Trade with
Developing Countries'. Brussels, European Landowners' Organization (https://www.europeanlandowners.org/images/Matthews_ELO_paper_23_May_2022_1.pdf) (chapter on Maximum Reside Limits, pp. 39 - 57)
· Musselli, Irene. 2017. Agriculture, Price Stabilisation and Trade Rules: A Principled Approach.
The Netherlands: Brill | Nijhoff (selected chapters)
· Schieck Valente, Flavio, and Ana Suárez Franco. 2014. 'Human Rights and the Struggle
Against Hunger: Laws, Institutions, and Instruments in the Fight to Realize the Right to
Adequate Food'. Yale Human Rights and Development Law Journal 13 (February): 435-61.
(https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5748/12_13YaleHumRts_Dev
LJ435_2010_.pdf?sequence=2&isAllowed=y)
· Sykes, Alan. 2002. 'Domestic Regulation, Sovereignty, and Scientific Evidence Requirements:
A Pessimistic View'. Chicago Journal of International Law 3 (2): 353-68.
(https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5748/12_13YaleHumRts_Dev
INTERNATIONAL ENVIRONMENTAL LAW MODULE:
· P.-M. Dupuy, J. E. Vinuales, International Environmental Law, 2nd ed., Cambridge UP, 2018 (=> Chapters 1, 2, 3, 4, 5, 8 and 9).
The book is accessible and can be read online, using your unimi credentials: https://unimi.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991016514829706031&context=L&vid=39UMI_INST:VU1&lang=it&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Vi%C3%B1uales&offset=0
· Slides discussed in class and your notes. Additional material such as declarations, treaties, international and regional jurisprudence or relevant literature will be uploaded on Ariel. You are encouraged to consult them before class whenever available with a view to contribute to making the lectures as interactive as possible.
LJ435_2010_.pdf?sequence=2&isAllowed=y)
Course slides.
Additional readings:
· Candel, Jeroen J. L. 2014. 'Food Security Governance: A Systematic Literature Review'. Food Security 6 (4): 585-601. (https://link.springer.com/article/10.1007/s12571-014-0364-2)
· Espa, Ilaria. 2021. 'Export Restrictions on Food Commodities During the COVID-19 Crisis:
Implications for Food Security and the Role of the WTO'. In Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era, edited by Amrita Bahri, Weihuan Zhou,
and Daria Boklan, 43-56. Studies in International Trade and Investment Law. Oxford: Hart
Publishing.
· Guzman, Andrew T. 2004. 'Food Fears: Health and Safety at the WTO'. Virginia Journal of
International Law 45 (1): 1-40. (https://www.law.berkeley.edu/files/guzman_food_fears.pdf)
· Maletta, Hector E. 2014. 'From Hunger to Food Security: A Conceptual History'. SSRN
Scholarly Paper 2484166. Rochester, NY: Social Science Research Network.
(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2484166)
· Matthews, Alan. 2022. 'Implications of the European Green Deal for Agri-food Trade with
Developing Countries'. Brussels, European Landowners' Organization (https://www.europeanlandowners.org/images/Matthews_ELO_paper_23_May_2022_1.pdf) (chapter on Maximum Reside Limits, pp. 39 - 57)
· Musselli, Irene. 2017. Agriculture, Price Stabilisation and Trade Rules: A Principled Approach.
The Netherlands: Brill | Nijhoff (selected chapters)
· Schieck Valente, Flavio, and Ana Suárez Franco. 2014. 'Human Rights and the Struggle
Against Hunger: Laws, Institutions, and Instruments in the Fight to Realize the Right to
Adequate Food'. Yale Human Rights and Development Law Journal 13 (February): 435-61.
(https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5748/12_13YaleHumRts_Dev
LJ435_2010_.pdf?sequence=2&isAllowed=y)
· Sykes, Alan. 2002. 'Domestic Regulation, Sovereignty, and Scientific Evidence Requirements:
A Pessimistic View'. Chicago Journal of International Law 3 (2): 353-68.
(https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5748/12_13YaleHumRts_Dev
INTERNATIONAL ENVIRONMENTAL LAW MODULE:
· P.-M. Dupuy, J. E. Vinuales, International Environmental Law, 2nd ed., Cambridge UP, 2018 (=> Chapters 1, 2, 3, 4, 5, 8 and 9).
The book is accessible and can be read online, using your unimi credentials: https://unimi.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991016514829706031&context=L&vid=39UMI_INST:VU1&lang=it&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Vi%C3%B1uales&offset=0
· Slides discussed in class and your notes. Additional material such as declarations, treaties, international and regional jurisprudence or relevant literature will be uploaded on Ariel. You are encouraged to consult them before class whenever available with a view to contribute to making the lectures as interactive as possible.
LJ435_2010_.pdf?sequence=2&isAllowed=y)
Assessment methods and Criteria
Attendee students must submit a written essay (3,000-5,000 words) on one topic of their choice agreed upon with the professor of either the Food Law module or the Environmental Law module.
Non-attendee students will be required to take a written test consisting of four open-ended questions. Two of these questions will be related to Food Law, while the other two will be related to Environmental Law. The exam questions will be selected from a pool of sixty questions, which will be available on the Ariel platform.
To be considered an attendee, students must physically attend at least four out of six classes for both the Food and Environmental Law modules. A sign-in sheet will be provided.
Non-attendee students will be required to take a written test consisting of four open-ended questions. Two of these questions will be related to Food Law, while the other two will be related to Environmental Law. The exam questions will be selected from a pool of sixty questions, which will be available on the Ariel platform.
To be considered an attendee, students must physically attend at least four out of six classes for both the Food and Environmental Law modules. A sign-in sheet will be provided.
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 48 hours
Professors:
Mainetti Vittorio, Musselli Irene
Educational website(s)
Professor(s)