Food Law & Policy eJournal最新文献_第2页

One-Door-One-Key Principle: Observations Regarding Integration of GM Authorization Procedures in the EU 一门一钥匙原则:关于欧盟转基因授权程序一体化的观察

Food Law & Policy eJournal Pub Date : 2015-05-13 DOI: 10.2139/SSRN.2605766

B. M. van der Meulen, Neshe Yusuf

引用次数: 5

Why the Nutrition Label Fails to Inform Consumers 为什么营养标签不能告知消费者

Food Law & Policy eJournal Pub Date : 2015-04-28 DOI: 10.2139/ssrn.2652289

S. Abdukadirov

引用次数: 1

Reduction of Food Waste -- A Legal-Economic Analysis of Durability Dating 减少食物浪费——耐久性测年的法律经济分析

Food Law & Policy eJournal Pub Date : 2015-04-06 DOI: 10.2139/SSRN.2627650

H. Bremmers, B. M. van der Meulen, Y. Waarts

{"title":"Reduction of Food Waste -- A Legal-Economic Analysis of Durability Dating","authors":"H. Bremmers, B. M. van der Meulen, Y. Waarts","doi":"10.2139/SSRN.2627650","DOIUrl":"https://doi.org/10.2139/SSRN.2627650","url":null,"abstract":"Food waste has multiple causes. One is vested in durability dating, more specifically the labelling of the date of minimum durability (‘best before’-date), or alternatively the expiration date (‘use-by’-date). The occurrence of food waste has the characteristic of ‘wickedness’, as its prevention may jeopardise the attainment of conflicting aims (like food safety and security). The problem is that food businesses are uncertain about the legal rules and economic consequences of different types of durability dating. Consumers are uncertain about the technical state of a product after expiry of a durability date. The goal of this paper is to address food waste from a legal-economic perspective, especially as regards the effect of durability dating on it. We focus on four factors that affect the occurrence of food waste in relation to the risks connected to durability dating: uncertainties as to the appropriate type of date, precautionary time-setting by actors, amplification of risk and multiplication of damage. We aim to recommend changes in the present EU regulation, to reduce food waste streams: better information to the consumer, limiting legal defences of producers, limiting durability information to use-by dating, and use of a sell-by date next to the information to consumers.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122734745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Geographical Indications, Food Safety, and Sustainability: Conflicts and Synergies 地理标志、食品安全和可持续性:冲突和协同作用

Food Law & Policy eJournal Pub Date : 2015-03-29 DOI: 10.2139/SSRN.2587539

D. Wirth

引用次数: 6

Customary International Law and Public Goods 习惯国际法与公共产品

Food Law & Policy eJournal Pub Date : 2015-02-01 DOI: 10.2139/ssrn.2568605

Niels Petersen

{"title":"Customary International Law and Public Goods","authors":"Niels Petersen","doi":"10.2139/ssrn.2568605","DOIUrl":"https://doi.org/10.2139/ssrn.2568605","url":null,"abstract":"The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the concept of public goods and common pool resources in economic theory and experimental economics. On this basis, the second section examines the formation of customary international law. The analysis shows that sustaining cooperation in multilateral settings through customary law is difficult. With regard to the mitigation of climate change, it is unlikely that states will coordinate on an equilibrium that will lead to a reduction of greenhouse gas emissions. The section then examines two further ways of identifying customary international law through moral interpretation and judicial lawmaking. However, the potential of these two avenues to protect global public goods effectively is rather limited. The final section analyzes the protection of global public goods through the initially unilateral extension of authority. One problem of global public goods is that states have shared authority over them. A solution might be to divide authority by extending the jurisdiction of the nation states. I will draw from an example concerning the protection of common pool resources, the protection of fish stocks, and analyze whether this example contains any lessons for the mitigation of climate change.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130009014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Brewing Tension: The Constitutionality of Indiana's Sunday Beer-Carryout Laws 酿造紧张:印第安纳州周日啤酒携带法的合宪性

Food Law & Policy eJournal Pub Date : 2014-06-16 DOI: 10.18060/18354

Danielle M. Teagarden

引用次数: 0

Transitioning Transgenic Seed from Patent to Generic: Supplementing Contractual Solutions with Governmental Action 转基因种子从专利到普通的转变:政府行为补充契约解决方案

Food Law & Policy eJournal Pub Date : 2013-10-28 DOI: 10.2139/SSRN.2346554

James Allred

{"title":"Transitioning Transgenic Seed from Patent to Generic: Supplementing Contractual Solutions with Governmental Action","authors":"James Allred","doi":"10.2139/SSRN.2346554","DOIUrl":"https://doi.org/10.2139/SSRN.2346554","url":null,"abstract":"Almost all food products in the United States rely on transgenic crops, which have been protected by patent since their introduction in 1996. However, the final patents for the first of those crops, the Roundup Ready Soybean, expire in 2014. That event could open markets to generic transgenic seeds, which would lower food prices and potentially lead to improved seed stock. However, the generic seeds cannot be grown in the US or sold in most countries unless regulatory clearances are maintained, which require access to data only available to the patent-holder. In the fall of 2012, agricultural industry organizations attempted to resolve this problem with a contractual solution. This paper argues that the contractual solution fails to address critical regulatory, antitrust, and patent law problems that stymie the emergence of a competitive market in transgenic seed and that supplemental government action is necessary to fully address the needs of the marketplace. After introducing the transgenic seed market, the paper describes the current patenting regime. The paper describes the regulation of generic transgenic seeds, explaining where data from the innovator company is necessary and identifying places of regulatory uncertainty. The paper then outlines the contractual solution and explains why that solution excludes traditional seed variety developers. The paper describes consolidation and antitrust issues in the transgenic seed market and explains why the contractual solution will maintain this consolidation. Finally, the paper proposes three novel regulatory reforms that Congress should pass to resolve the most pressing barriers to a competitive generic seed market.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134561201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Preventing Exclusion of Small-Scale-Farmers Through Private Standards in the Global Food Chain – A Research Agenda 通过全球食品链中的私人标准防止小农被排斥-一项研究议程

Food Law & Policy eJournal Pub Date : 2013-10-16 DOI: 10.2139/SSRN.2341173

K. Purnhagen, Cerkia Bramley, B. M. van der Meulen, H. Bremmers

引用次数: 1

Public Health Regulation and the Limits of Paternalism 公共卫生管制与家长作风的局限性

Food Law & Policy eJournal Pub Date : 2013-09-28 DOI: 10.2139/SSRN.2332988

D. A. Friedman

{"title":"Public Health Regulation and the Limits of Paternalism","authors":"D. A. Friedman","doi":"10.2139/SSRN.2332988","DOIUrl":"https://doi.org/10.2139/SSRN.2332988","url":null,"abstract":"This Article explores the role of paternalism in regulatory efforts to improve public health, focusing mostly on obesity, but also accounting for recent developments in other public-health arenas. First, the Article describes a spectrum of interventions that regulators can implement in the public health zone, ranging from “soft” paternalism to “hard” paternalism. Second, the Article discusses the limits of these paternalistic interventions in addressing the problem of high obesity rates in America. The analysis shows that the underlying scientific and socioeconomic factors driving obesity prove difficult to confront — a difficulty further complicated by the lower tolerance that the public has expressed for regulatory interventions that diminish individual autonomy. Soft paternalism may prove too weak to address obesity — and hard paternalism may prove socially unpalatable to deploy. Third, the Article reinforces the notion that a larger pattern may have emerged with respect to the limitations of paternalistic approaches, discussing recent attitudinal shifts against marijuana prohibition and water fluoridation, as well as a wave of activism combating the refusal of food producers to enable people to make choices about consuming genetically-modified foods. The analysis concludes that the negativity associated with the reduction of personal autonomy has constrained the options of regulators already charged with solving difficult problems. Ultimately, however, narrow opportunities for intervention still exist. If regulators invest heavily in the soft paternalistic initiatives that prove effective, and the hard paternalistic opportunities that prove inoffensive, the aggregate impact on public health, though limited, may prove positive.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122934032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

Health Protection or Industry Protection: The Endogenous Food Standards 健康保护还是产业保护:食品内源标准

Food Law & Policy eJournal Pub Date : 2013-07-01 DOI: 10.2139/ssrn.2288099

Wei Xia, Liming Wang, Yinchu Zeng

{"title":"Health Protection or Industry Protection: The Endogenous Food Standards","authors":"Wei Xia, Liming Wang, Yinchu Zeng","doi":"10.2139/ssrn.2288099","DOIUrl":"https://doi.org/10.2139/ssrn.2288099","url":null,"abstract":"This study argued that food standards are endogenous and determined by the contest or balance among five relevant interest groups: industry, government, consumers (civil society), academia, and external influence. After a comprehensive review on the Maximum Residue Limit regulation system around the world, this study carried out an econometric estimation to find out what factors determined the stringency of MRLs.The results show that the stringency of MRLs is majorly determined by good governance and MRLs generally reflect consumer’s demand for higher health protection. The stable government with low corruption and good credibility in its people, which can provide high quality of public, civil services and relevant services, tends to have relax MRLs, while government focusing on formulating and enforcing effective rule of law and implement sound policies to permit and promote private interests (regulatory quality), tends to generate tight MRLs. Net apple importers and net traditional apple exporters tend to impose loose MRLs while countries specified in world food market but not in apple tend to apply stricter MRLs. Consumers in richer countries with free access to information and have great accountability on their government tends to demand more stringent import MRLs. Countries with higher proportion of employers in R&D and more journal publications tend to have more stringent MRLs while more expenditure in R&D tends to generate less stringent MRLs when all other factors controlled. The role of scientific evidence in determining the regulatory stringency could be very complicated. However, this study does not find evidence that MRLs are related to a country's competition environment in the world market or its political importance of agriculture/apple industry or its export-driven strategy.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127227074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0