Deciphering the phenomenon of land grabbing within the framework of the European Union

Adriana Fillol Mazo, José Soriano García
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Abstract

When we talk about land grabbing, or problems around land, we do not really think that this is a phenomenon that is also occurring within the EU, but rather we think mainly of other parts of the world, such as the Global South, Latin American states or Africa. However, the reality is that in Europe today, the concentration of land under increasingly large farms controlled by fewer hands (partly as a result of land grabbing and reduced access to land for small-scale food producers) is accelerating. The aim of our work is to provide an overall legal, social and political analysis of the phenomenon of land grabbing, particularly of agricultural land, within the EU, presenting the main legal and political challenges that arise ad intra.   We will also focus on the analysis of certain European Directives that have an impact on the Union's policy on biofuels and therefore also on possible ad extra land grabs that are carried out within the framework of the European Union. The issues presented in this work are complex and multidisciplinary, so we can approach them from different perspectives. However, in order to shorten the scope of the study, we have taken into account the basis of land grabbing within the framework of European Union law. In this sense, the scientific method that has been used is the legal-sociological one, insofar as it is the one that we consider the most appropriate for the multidisciplinary approach. This method consists of analyzing the current state of the rules and the interrelationship between the possible legal sources but taking into account the social, economic, political and historical elements that allow to explain the effectiveness, rationale and applicability of the rules. This work has also required the use of a variety of methodological techniques, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.
解读欧盟框架内的土地掠夺现象
当我们谈论土地掠夺或土地问题时,我们并不认为这是欧盟内部也发生的现象,而是主要想到世界其他地区,如全球南方、拉丁美洲国家或非洲。然而,现实是,在今天的欧洲,土地集中在越来越大的农场下,由更少的人控制(部分原因是土地掠夺和小规模粮食生产商获得土地的机会减少)正在加速。我们工作的目的是对欧盟内部的土地掠夺现象,特别是农业土地掠夺现象进行全面的法律、社会和政治分析,提出内部出现的主要法律和政治挑战。我们还将重点分析对欧盟生物燃料政策产生影响的某些欧洲指令,因此也将分析在欧盟框架内可能进行的额外土地掠夺。这项工作中提出的问题是复杂和多学科的,因此我们可以从不同的角度来处理它们。然而,为了缩短研究范围,我们在欧洲联盟法律框架内考虑到了土地掠夺的基础。从这个意义上说,所使用的科学方法是法律社会学方法,因为它是我们认为最适合多学科方法的方法。这种方法包括分析规则的现状和可能的法律来源之间的相互关系,但要考虑到社会、经济、政治和历史因素,以解释规则的有效性、理由和适用性。这项工作还需要使用各种方法论技巧,如社会和法律分析、法律推导和归纳、描述和跨学科。
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