Contents
Volume 13 Number 4 2011
ISSN: 1461-4529 eISSN: 1740-5564
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Opinion
Implementing Climate Change Policy for Agriculture - What Role for the Law?
Keywords: Climate change, agriculture, adaptation, mitigation
Christopher Rodgers, Jeremy Franks and Philip Lowe
245
DOI: doi.10.1350/enlr.2011.13.4.133
Article
Good Agricultural Practices in the Agri-food Supply Chain
Keywords: Voluntary private standard schemes, food quality, food safety, ethical production, environmental standards, SPS Agreement, TBT Agreement, market entry barriers, product liability
Alison Burrell
251
DOI: doi.10.1350/enlr.2011.13.4.134
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ENV L REV 13 (2011) 251
Good Agricultural Practices in the Agri-food Supply Chain
Alison Burrell
Criteria defining 'good agricultural practice' (GAP) were originally developed for on-farm production methods and resource use. For a decade, GAP principles have been applied throughout the entire agri-food supply chain by organisations promoting voluntary private standard (PS) schemes. Although the stated aim of such schemes is to provide consumers with guarantees of food safety and quality, they are strongly driven by the desire to reduce transaction costs within the chain and to limit the legal liability of chain operators and retailers in the wake of food safety lapses. They raise issues concerning their compatibility with the polluter pays principle, the legitimacy of the standard-setting process, potential duplication of the safeguards enshrined in public legislation, and the extent to which they erect barriers to market entry and impede competition. The extension of voluntary PS schemes to global food chains raises further questions about their compatibility with sustainable development goals and with WTO rules regarding import restrictions based on production methods. Current challenges include the operational coexistence of mandatory public standards and voluntary private standards in the agri-food arena, and how they might be better harmonised within national and international legal frameworks.
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European Union Agricultural Policy and Practice: The New Challenge of Climate Change
Keywords: Common Agricultural Policy, climate change, direct payments, cross-compliance,rural development, biofuels, sustainability criteria
Michael Cardwell
271
DOI: doi.10.1350/enlr.2011.13.4.135
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ENV L REV 13 (2011) 271
European Union Agricultural Policy and Practice: The New Challenge of Climate Change
Michael Cardwell
Climate change has been identified as a new challenge for EU agricultural policy which must be addressed as a matter of priority. The importance of climate-friendly agricultural practices in mitigating greenhouse gas emissions already receives some recognition under the current legislative framework; and the proposed regulations for the period 2014-2020, issued in October 2011, indicate that this importance will be considerably enhanced. Such practices will be examined with specific reference to: cross-compliance obligations attached to direct payments to farmers (under Pillar I of the CAP); more targeted rural development measures (under Pillar II of the CAP); and sustainability criteria in respect of feedstock for biofuels and bioliquids, as laid down by the Renewable Energy Directive. In addition, the article will consider two broader issues which each present an obstacle to any regulation in this area. The first issue is the inherent difficulty in creating a regime that is sensitive to the complexities and uncertainties which pervade the climate change debate, yet, at the same time, can be effective in practice. A second issue is the further inherent difficulty of finding in this context the appropriate balance between measures implemented under respectively Pillar I and Pillar II of the CAP, both Pillars having their apparent strengths and weaknesses.
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Good Agricultural Practice in the United States: Conservation and Climate
Keywords: Good agricultural practice, conservation compliance, conservation incentives, land retirement, working land, sustainable agriculture, US agricultural policy, climate change and agriculture
Margaret Rosso Grossman
296
DOI: doi.10.1350/enlr.2011.13.4.136
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ENV L REV 13 (2011) 296
Good Agricultural Practice in the United States: Conservation and Climate
Margaret Rosso Grossman
Agriculture depends on the environment for production of food and fibre, yet agricultural activities may emit harmful pollutants. US law and policy encourage sustainable agriculture. Good agricultural practices, especially those that protect the environment and foster conservation, play a significant role in sustainability. US law imposes relatively few environmental requirements on producers, but offers numerous financial and other incentives for good agricultural practices. Policy discussions about the environmental effects of agricultural production often address two significant issues: the balance between mandatory and voluntary measures to protect the environment and the potential role of agriculture in mitigating climate change and sequestering carbon.
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Case Note
Responding to Claims of Property Interests on Maritime Public Property Interfering with Environmental Protection
Keywords: European Convention on Human Rights, environmental protection, maritime public property, fair-balance test, right to respect for private and family life, protection of property
Irene Antonopoulos
318
DOI: doi.10.1350/enlr.2011.13.4.137
Update
Keywords: Legislation, case law, EU cases, consultations,Select Committee reports, guidance
Burges Salmon LLP
324
DOI: doi10.1350/enlr.2011.13.4.138
Book Review
The EU as International Environmental Negotiator
Keywords: EU, environment, international environmental agreements, EU environmental diplomacy
Anatole Boute
351
DOI: doi10.1350/enlr.2011.13.4.139
The Transformation of International Environmental Law
Keywords: International environmental law, environmental law, global challenges, harmonisation and common interests
James Harrison
352
DOI: doi10.1350/enlr.2011.13.4.140

