Environmental and food law

A.A. 2023/2024
Crediti massimi
Ore totali
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.
Programma e organizzazione didattica

Edizione unica

Primo semestre

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:

29 September 2023
Framing the issue: Key concepts; The right to food; Food systems governance

6 October 2023
Seed systems and peasants' rights in international (economic) law

13 October 2023
Agricultural export restrictions and food security; Public stockholding, food security and WTO disciplines

20 October 2023
Food safety, scientific evidence and societal value judgements in the WTO

27 October 2023
GMOs: EU and WTO framework

3 November 2023
Pesticides regulation: EU and WTO frameworks
The course does not require previous knowledge of the topic. A good level of English is recommended.
Metodi didattici
Lectures supported by slides, graphs, videos and in-class discussion.
Materiale di riferimento
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
· 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.
· 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.
· Sykes, Alan. 2002. 'Domestic Regulation, Sovereignty, and Scientific Evidence Requirements:
A Pessimistic View'. Chicago Journal of International Law 3 (2): 353-68.
Modalità di verifica dell’apprendimento e criteri di valutazione
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 take a written exam consisting of multiple-choice questions based on course materials and slides.

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.
Lezioni: 48 ore
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