Global Food Governance
Implications of Food Safety and Quality Standards in International Trade Law
Summary
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author(s)/editor(s)
- About the book
- This eBook can be cited
- Acknowledgement
- Table of Contents
- List of Abbreviations
- Introduction
- 1. Global Food Markets and Standards
- 2. Hypothesis and Methodology
- 1. Global Food Governance
- 1.1 Exploring the Concept of Global Governance
- 1.1.1 On Good Governance
- 1.1.2 On Food Governance
- 1.2 Economic Theories of International Trade: A Question of Market Failure or Market Access?
- 1.2.1 Market Access
- 1.2.2 Market Failure
- 1.3 A Summary of the Legal Foundations of the Multilateral Trading System
- 1.3.1 National Treatment
- 1.3.2 Most-Favoured Nation Treatment
- 1.3.3 The Concept of Like Products
- 1.3.4 General Exceptions
- 1.4 Conclusion
- 2. The Importance of Food Standards in International Trade Law
- 2.1 Introduction
- 2.1.1 The Role of Standards
- 2.1.2 The Concept of International Standards
- 2.2 What is a Relevant International Standard?
- 2.3 International Standard as a Basis for Regulation
- 2.4 Effectiveness and Appropriateness of Attaining a Legitimate Aim
- 2.4.1 Effectiveness and Appropriateness
- 2.4.2 Legitimate Objectives
- 2.5 Conclusion
- 3. Food Standard-Setting Organisations
- 3.1 Introduction
- 3.2 The Codex Alimentarius Commission
- 3.2.1 CAC Rules of Procedure
- 3.2.2 The Development of CAC Standards
- 3.2.3 The Adoption of CAC Standards
- 3.3 The International Organization for Standardization
- 3.3.1 ISO Membership
- 3.3.2 The Development and Adoption of ISO Standards
- 3.4 Case Study: The German Food Code Commission
- 3.4.1 The Adoption and Modification of Food Standards
- 3.4.2 The Impact of Adopted Food Standards
- 3.4.2.1 Ham Case I
- 3.4.2.2 Ham Case II
- 3.4.2.3 The Protocol Case
- 3.4.3 Closing Remarks
- 3.5 Conclusion
- 4. Food Quality Standards as Technical Barriers to Trade
- 4.1 What is Food Quality and Why does it Matter?
- 4.2 From Tokyo to Uruguay: A Summary of the Historical Development of the TBT Agreement
- 4.3 The Concept of Technical Regulation
- 4.3.1 Identifiable Product
- 4.3.2 Characteristics of the Product
- 4.3.3 Mandatory Measure
- 4.4 Standards under the TBT Agreement
- 4.5 Non-Governmental Bodies under the TBT Agreement
- 4.6 Conclusion
- 5. Food Labelling Standards and Trademark Law
- 5.1 Consumer Protection and Food Labelling
- 5.2 A Summary of the Historical Development of the TRIPS Agreement on Trademarks
- 5.3 Trademarks and Their Role in Food Trade
- 5.3.1 Definition of Trademarks
- 5.3.2 The Taxonomy of Trademarks
- 5.3.2.1 Individual Marks
- 5.3.2.2 Collective Marks
- 5.3.3 The Functions of Trademarks
- 5.3.3.1 Guarantee of Origin
- 5.3.3.2 Guarantee of Quality
- 5.4 The Legal Framework for Trademarks under the TRIPS Agreement
- 5.4.1 The Definition of a Trademark
- 5.4.1.1 The Characteristics of a Trademark
- 5.4.1.2 The Functions of a Trademark
- 5.4.2 Trademark Rights Conferred
- 5.4.2.1 A Presumption of Absoluteness
- 5.4.2.2 Protection against Confusion
- 5.4.3 Exceptions to the Trademark Rights
- 5.4.3.1 Notion of Limited Exceptions
- 5.4.3.2 Legitimate Interests of the Owner
- 5.4.3.3 Lesser Standard of Regard for the Interests of Third Parties
- 5.4.4 Special Trademark Requirements
- 5.5 Conclusion
- 6. Food Safety Standards as Sanitary and Phytosanitary Measures
- 6.1 Health Protection and Food Safety
- 6.2 The SPS Agreement in Context
- 6.3 What is an SPS Measure?
- 6.4 Relevant SPS Principles for Food Standards
- 6.4.1 International Standards and Harmonisation
- 6.4.2 Scientific Basis and the Precautionary Principle
- 6.4.3 Mutual Recognition or Equivalence
- 6.5 Case Study: Private Food Safety Standards
- 6.5.1 Private Food Standard-Setting Entities
- 6.5.2 Discussions on Private Standards in the SPS Committee
- 6.5.3 Outlook
- 6.6 Conclusion
- 7. The Coordination of European Food Standards
- 7.1 Introduction
- 7.2 EU Principles on the Free Movement of Goods
- 7.2.1 The Old Approach
- 7.2.2 The New Approach
- 7.2.2.1 The EU Green Paper on Food Safety
- 7.2.2.2 The EC Communication on Consumer Health and Safety
- 7.2.2.3 The EU White Paper on Food Safety
- 7.2.3 The Global Approach
- 7.3 The Importance of ECJ Jurisprudence for EU Food Law
- 7.3.1 Dassonville and Trade-Restrictive Measures
- 7.3.2 Cassis de Dijon and the Origins of Equivalence
- 7.3.3 Keck and Selling Arrangements
- 7.4 The Development of the Mutual Recognition Principle
- 7.4.1 Limiting the Scope of Application
- 7.4.2 Improving Effectiveness
- 7.4.3 EU Harmonization of Technical Rules
- 7.4.4 Defining EU Technical Rules
- 7.5 Conclusion
- 8. The Equivalence of Swiss Food Standards
- 8.1 Introduction
- 8.2 The Legal Framework for Trade Relations between the EU and Switzerland
- 8.2.1 The 1972 Free Trade Agreement (FTA)
- 8.2.2 Bilateral Agreements
- 8.2.2.1 Bilateral I
- 8.2.2.2 Bilateral II
- 8.3 Swiss Food Law and the Unilateral Introduction of the Mutual Recognition Principle
- 8.3.1 The Umbrella Provision in Article 16a) THG
- 8.3.2 The Non-Discrimination Clause in Article 16b) THG
- 8.3.3 The Exception for Foodstuffs in Article 16c) THG
- 8.4 Conclusion
- Conclusion: Implications of Food Safety and Quality Standards in International Trade Law
- Bibliography
- Legal Materials
- Studies in Global Economic Law Studien zum globalen Wirtschaftsrecht Études en droit économique mondial
- Series
1. Global Food Markets and Standards
As globalised markets, changing consumer preferences and the steady development of new technologies influence food trade flows, safety and quality concerns have triggered the development of new forms of food governance. Likewise, the expanding global food market continues to increase the economic value of world food exports and imports, which already reached US 1,375 billion in 2012 alone.1 While the European Union tops the list of leading food markets with US 522 billion dollars in exports, the United States follows in the second place with US 138 billion dollars.2 Switzerland remains an important market player with an increase of over 300% in food exports since 2000, accounting for a total value of US 8,414 million dollars in 2012.3 The tendency in global food trade is set to increase, albeit slightly more slowly, in the coming years.4
As a result of these market fluctuations, recent decades have seen significant changes in the legal architecture governing trade in food. Since its creation in 1995, the World Trade Organization (WTO) has succeeded in providing a multilateral framework for the development of new regulatory practices through its multiple agreements between WTO Members. Similarly, the continuing importance of regional and bilateral trade agreements has enhanced these accomplishments, proving a comprehensive and dynamic set of international rules and standards for trade in foodstuffs. However, the changing trends in the production and distribution 1 | 2 → of food products and recent worldwide outbreaks of food-borne diseases have questioned the effectiveness of the current regulatory status quo.5
While international trade in food increases, national governments remain at times unable to regulate food products and food industries effectively. Transnational competition, increasing corporate power and the consolidation of global food industries require collective policy action that can no longer be attained on a domestic level alone.6 Equally, the legal implications of food safety and quality standards in designing effective trade policies cannot be overseen.

Figure 1: The Role of Food Standards in International Trade.
Details
- Pages
- XVIII, 175
- Publication Year
- 2016
- ISBN (PDF)
- 9783035109177
- ISBN (MOBI)
- 9783035198119
- ISBN (ePUB)
- 9783035198126
- ISBN (Softcover)
- 9783034320092
- DOI
- 10.3726/978-3-0351-0917-7
- Language
- English
- Publication date
- 2016 (January)
- Keywords
- Global Governance Food Law Food Quality EU Internal Market Law Swiss Food Law International Standards WTO Law Food Safety TBT Agreement
- Published
- Bern, Berlin, Bruxelles, Frankfurt am Main, Oxford, New York, Wien, 2016. XVIII, 175 pp.
- Product Safety
- Peter Lang Group AG