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Panel 1: Italian Coffee & Healthy Foods
No full textContract Law in the Agri-Food Chain
Bianca Gardella Tedeschi, Università degli Studi del Piemonte Orientale “A. Avogadro”
Contract Law in the Agrifood chain in Italy is regulated by law 27/2012 art. 62. The law regulates B2B contracts with the specific aim of protecting producers. The law introduces a sort of “commercial ethic” into the agrifood chain, as it defines unfair business practices in this specific field. In 2019, the UE approved directive UE 2019/633 that prohibits in every Member State unfair business practices that are harmful for producers. The paper will assess how the law and the directive have been implemented and how effective they can be for producers. The Legal Architecture of Coffee
Helena Alviar García, Universidad de Los Andes, Colombia & Sciences Po Law School, Paris
Coffee is essential to Italian culinary experience and lifestyle. In an article published by the Eataly online magazine, Italian coffee culture is described in the following way: “The day is defined by coffee rituals: a cappuccino with breakfast, a caffè macchiato–or two–as an afternoon pick-me-up, and espresso after dinner. And like any culture, that of Italian coffee comes with seemingly mysterious laws. Order a latte, and you’ll receive a glass of milk (which is exactly what you ordered). Ask for a to-go cup or order a cappuccino after 11 a.m., and risk an instant tourist label.”
Despite its relevance, coffee is not produced in Italy. This essay will be dedicated to Colombian coffee, one of the many countries that export this product to Italy. Although described as the result of privileged geographical and weather conditions and the care of coffee growers, Colombian coffee is the product of a set of laws, regulatory privileges, institutional arrangements and public resources. As a consequence, the text will explore the legal architecture that makes Café de Colombia what it is. Tradition, Authenticity and Provenance in European Food Governance and Beyond Lorenzo Bairati, Universita di Scienze Gastronomiche di Pollenzo
In the communication of foodstuffs there is an overuse of the notion of quality. Consumers are highly attracted to this concept even if its features and boundaries remain absolutely vague. Quality encompasses such terms as authenticity, tradition, diversity, territory, craftsmanship and naturalness, but these factors are, in turn, ambiguous in and of themselves, and often contradicted by the latest evolution of food production and distribution.
This essay analyzes the relevance of these features in Europe from a legal perspective, as opposed to the homologation of tastes and cultures produced by the globalization of food systems. The reference to them in marketing and their reconstruction through PDOs and PGIs, as regulated by EU Regulation 1151/2011, is addressed in order to reflect the ongoing debate on food quality and its international protection.
Consumer expectations will be considered as a seminal parameter in assessing the European state of the art in food quality preservation, especially from the Italian perspective. Concluding remarks will analyze the international debate on the “Italian Sounding” phenomenon, stress the conflicting positions (mainly expressed by the EU and the US), and propose insights to consider this controversy from a new perspective
Codification, Progressive Development, New Law, Doctrine, and the Work of the International Law Commission on Peremptory Norms of General International Law (Jus Cogens): Personal Reflections of the Special Rapporteur
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Carrots, Sticks and Problem Drug Use: The Law Enforcement Lobby\u27s Contribution to the Policy Discourse on Drug Use & the Opioid Crisis
Get PDFDespite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in sinful behavior. Therefore, punishment, or the threat thereof, is needed to deter the deviants’ immoral conduct and to ensure that the deviants comply with treatment. The empirical evidence that supports the efficacy of coerced and compulsory treatment is underwhelming, at best, and ineffective, at worst. Furthermore, treatment outcomes for persons with SUDs enrolled in substance abuse treatment without the threat of incarceration are equal to, if not superior than, those under supervision of the criminal justice system. Despite the empirical literature, some law enforcement groups continue to make statements, underscored with assured certainty, that the threat of incarceration is a necessary tool to treat SUDs and to address the nation’s current opioid crisis. In this article, I explore how public law enforcement groups use narratives to define problem drug use as a criminal justice issue in the wake of the opioid crisis. In doing so, I explain the motivations behind law enforcement groups’ continued support for the criminal justice approach, despite the efforts to redefine problem drug use as a health issue. Using theories of interest group behavior, I argue that law enforcement groups’ support of the criminal justice approach is a result of their attempts to protect and further the interests of their members, attorneys, judges, and police personnel who rely heavily on state and federal budget allocations for survival. I will demonstrate that narratives supported by law enforcement groups in the discourse surrounding the opioid crisis position these criminal justice actors as “fixers” of the drug problem and, in doing so, encourage the allocation of funding and resources necessary to carry out their duties as problem fixers. I will further show how some law enforcement groups have justified their continued roles as fixers of problem drug use, but have done so on a spectrum, suggesting that at least some law enforcement groups have acknowledged the need to re-envision their perceived role in addressing problem drug use
A Copyright Office Update: Discussion of the Seventh Triennial Section 1201 Rulemaking and Fourth Estate Public Benefit Corp v. Wall-Street.com
No full textWork presented: A Copyright Office Update: Discussion of the Seventh Triennial Section 1201 Rulemaking and Fourth Estate Public Benefit Corp v. Wall-Street.comhttps://ecollections.law.fiu.edu/faculty-workshops/1039/thumbnail.jp
