Environmental and food law
A.A. 2019/2020
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.
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
STUDENTI FREQUENTANTI
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
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
Prerequisiti
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 may submit a paper over one of the topics covered during classes.
Metodi didattici
For all classes, preparatory and reading materials are published in advance on the Ariel wbesite of the course. Students are warmly invited to read them, to open discussions among themselves and with the professors during classes.
Materiale di riferimento
STUDENTI NON FREQUENTANTI
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, Joint Implementation, Max Planck Encyclopedia of Public International Law 2009
SAND-MILLAR, Clean Development Mechanism, Max Planck Encyclopedia of Public International Law 2011
SCHRODER, Emission Trading, Max Planck Encyclopedia of Public International Law 2009
MEYER, Case C-366/10, Common Market Law Review p. 1113 ff
MELTZER, The EU Aviation Directive and the WTO, Journal of International Economic Law 2012 p. 111 ff
GENTILE, International Trade and the Environment: What is the role of the WTO?, Fordham Environmental Law Review 1999 p. 195 ff
JANSEN, National Environmental Policies and Multilateral Trade Rules, WTO Staff Working Papers, 2004
SHAFFER, WTO Shrimp Dispute, American Journal of International Law 1999 p. 507 ff
VINUALES Foreign Investment and the Environment in International Law, 2016
OECD, Environmental Concerns in IIA 2011
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, Joint Implementation, Max Planck Encyclopedia of Public International Law 2009
SAND-MILLAR, Clean Development Mechanism, Max Planck Encyclopedia of Public International Law 2011
SCHRODER, Emission Trading, Max Planck Encyclopedia of Public International Law 2009
MEYER, Case C-366/10, Common Market Law Review p. 1113 ff
MELTZER, The EU Aviation Directive and the WTO, Journal of International Economic Law 2012 p. 111 ff
GENTILE, International Trade and the Environment: What is the role of the WTO?, Fordham Environmental Law Review 1999 p. 195 ff
JANSEN, National Environmental Policies and Multilateral Trade Rules, WTO Staff Working Papers, 2004
SHAFFER, WTO Shrimp Dispute, American Journal of International Law 1999 p. 507 ff
VINUALES Foreign Investment and the Environment in International Law, 2016
OECD, Environmental Concerns in IIA 2011
Programma
See above
Prerequisiti
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).
Materiale di riferimento
See above
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 48 ore
Docente:
Espa Ilaria
Turni:
-
Docente:
Espa Ilaria