Food under the law of international trade in agricultural products: laws and regulations and related disputes

After explaining the meanings of the terms "food security" and "food safety", the Author analyses the international market of foodstuffs, with a focus on the technical, sanitary and phytosanitary rules and thus, on the Tbt and Sps Agreement, as well as on the criterion of equivalence as a means of safeguarding diversity while also confirming the souvreignity of the States. The Author also examines some of the most significant international disputes concerning foodstuffs (e.g. the war of bananas and the disputes concerning hormone-treated meat), the Tbt Agreement and the technical rules for the protection of the environment, as well as the TRIPs Agreement and the relationship between geographical indications and geographical trademarks of foodstuffs. Lastly, the Author addresses the issue regarding the changes in land allocation and in agricultural practices: To achieve the reduction of greenhouse gas emissions that cause climate changes, the rational use of land is being altered, acting incorrectly and unfairly on the "conflicts" between production intended for mercantile purposes and production intended for alimentary purposes. In conclusion, the Author stresses the need for experts in agriculture law to overcome the narrow boundaries of national law and address, via European Community Law, the issues arising under International Law, which have repercussions upon the understanding and interpretation of national law.

Keywords: Food safety, food security, international law, disputes

Alberto Germanò, Il cibo nel diritto internazionale del mercato dei prodotti agricoli: disciplina e controversie in "AGRICOLTURA ISTITUZIONI MERCATI " 1,2/2009, pp 85-113, DOI: 10.3280/AIM2009-001008