Environmental and food law
A.A. 2018/2019
Obiettivi formativi
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.
Risultati apprendimento attesi
"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."
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."
Periodo: Primo semestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.
Programma e organizzazione didattica
Edizione unica
Periodo
Primo semestre
Programma
Unit 1 - International Food Law (Food Security) The right to adequate food Land-grabbing and food security Price volatility, agricultural export restrictions and food security Public stockpiling, food security and the Bali package Unit 2 - International Food Law (Food Safety) Introduction to food safety in the WTO Food safety, scientific evidence and societal value judgements in the EC - Hormones dispute Non-communicable diseases and lifestyle risks regulation WTO and EU regulation of geographical indications Unit 3 - International Environmental Law International Environmental Governance General principles of international environmental law The protection of the atmosphere under international environmental law The Emission Trading Scheme of the European Union within the climate EU law The relationship between international environmental obligations and WTO law Environmental considerations in international investment law
Informazioni sul programma
The exam has the purpose to assess to what extent students are able to explore environmental and food security/safety issues from the perspective of public international law. The final exam is written (three open questions, chosen among a roster of five). As an alternative, attending students only may submit a paper over one of the topics covered during classes.
Propedeuticità
None
Prerequisiti
None
Materiale di riferimento
Unit 1 - International Food Law (Food Security) MECHLEM, Food, Right to, International Protection, Max Planck Encyclopedia of Public International Law 2008 VALENTE, FRANCO, Human Rights and the Struggle Against Hunger, Yale Human Rights and Development Journal 2014 SKOGLY, Right to Adequate Food: National Implementation and Extraterritorial Obligations, Max Planck UNYB 2007 p. 339 ff DANIEL, Land Grabbing and Potential Implication for World Food Security, 2011 HABERLI, SMITH, Food Security and Agri-Foreign Direct Investment in Weak Statea, The Modern Law Review 2014 p. 189 ff Liapis, How Export Restrictive Measures Affect Trade of Agricultural Commodities, OECD Food, Agriculture and Fisheries Papers, No. 63, 2013 Anania, Agricultural Export Restrictions and the WTO: What Options do Policy-Makers Have for Promoting Food Security; ICTSD Programme on Agricultural Trade and Sustainable Development; Issue Paper No. 50, 2013 HOWSE, JOSLING, Agricultural Export Restrictions and International Trade Law: A Way Forward, International Food and Agricultural Trade Policy Council 2012 MARTIN, ANDERSON, Export Restrictions and Price Insulation during Commodity Price Booms, World Bank Policy Research Working Paper, 2011 MATTHEWS, Food Security and WTO Domestic Support Disciplines postBali; ICTSD Programme on Agricultural Trade and Sustainable Development; Issue Paper No. 53, 2014 Unit 2 International Food Law (Food Safety) JOHNSON, The U.S.-EU Beef Hormone Dispute, CRS Report 2015 WIRTH, International Decisions. European Communities Measures Concerning Meat and Meat Products, Boston College Law School Faculty Paper, 1998 CHANG, Risk Regulation, Endogenous Public Concerns, and the Hormones Dispute: Nothing to Fear but Fear Itself, Southern California Law Review 2004 p. 743 ff SIEN, Beefing up the Hormones Dispute: Problems in Compliance and Viable Compromise Alternatives, Georgetown Law Journal 2007, p 565 ff CHARNOVITZ, The Supervision of Health and Biosafety Regulation by World Trade Rules, Tulane Environmental Law Journal 2000 p. 271 ff ALEMANNO, GARDE, The Emergence of an EU Lifestyle Policy: The Case of Alcohol, Tobacco and Unhealthy Diets, Common Market Law Review 2013 p. 1745 ff ARCURI, International Economic Law Meets Lifestyle Risks: What Role for International Standards, EJRR Report 2013 p. 542 ff Unit 3 - International Environmental Law BEYERLIN-GROTE STOUTENBURG, Environment International Protection, Max Planck Encyclopedia of Public International Law 2015 BRUNNEE, Environment International Agreements, Max Planck Encyclopedia of Public International Law 2011 WIERSEMA, The New International Law-Makers Conferences of the Parties to Multilateral Environmental Agreements, Michigan Journal of International Law 2009, p. 231 ff PUSHKAREVA, United Nations Environment Programme, Max Planck Encyclopedia of Public International Law 2014 SCHRIJBER, Natural Resources Permanent Sovereignty over, Max Planck Encyclopedia of Public International Law 2008 SHELTON. Stockholm Declaration (1972) and Rio Declaration (1992), Max Planck Encyclopedia of Public International Law 2008 BEYERLIN, Sustainable Development, Max Planck Encyclopedia of Public International Law 2013 DERNBACH, Sustainable Development and Its Discontents, University of Denver Sturm College of Law Legal Research Paper Series, Working Paper 15-33 LOW, P., MARCEAU, G. AND J. REINAUD (2012): The Interface between the Trade and Climate Change Regimes: Scoping the Issues, 46 Journal of World Trade, 485 544.SCOTT, J. AND L. RAJAMANI (2012). EU Climate Change Unilateralism: International Aviation in the European Emission Trading System, European Journal of International Law, 23. 469-494 MILLAR, Trail Smelter Arbitration, Max Planck Encyclopedia of Public International Law 2007 SARMA and others, Ozone Layer International Protection, Max Planck Encyclopedia of Public International Law 2009 SANS-MILLAR, Climate, International Protection, Max Planck Encyclopedia of Public International Law 2011 SCHRODER, Joi
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 48 ore
Docente:
Espa Ilaria