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Gmos, International Law And Indigenous Peoples, Casandia Bellevue 2018 Elisabeth Haub School of Law at Pace University

Gmos, International Law And Indigenous Peoples, Casandia Bellevue

Pace International Law Review

This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.

This Article seeks to answer the following questions: What are the international agreements ...


La Indicación Del Origen Del Ingrediente Primario En Determinados Alimentos En La Ue: Entre La Libertad Y La Imposición, Luis González Vaqué, Mariagrazia Semprebon 2018 Asociación Iberoamericana para el Dereho Alimentario

La Indicación Del Origen Del Ingrediente Primario En Determinados Alimentos En La Ue: Entre La Libertad Y La Imposición, Luis González Vaqué, Mariagrazia Semprebon

Luis González Vaqué

Con un notable retraso, si se tiene en cuenta el plazo indicado en el Reglamento (UE) nº 1169/2011, se ha redactado el que es sólo un borrador de Propuesta que cuando escribimos esta nota (febrero 2018) se halla a la espera de observaciones antes de formular la propuesta definitiva. En este estudio se examina en qué marco legislativo se encuadrará la propuesta definitiva y, finalmente, el Reglamento de ejecución que la Comisión tiene que adoptar. Citaremos en primer lugar el segundo apartado del artículo 26 (“País de origen o lugar de procedencia”) del Reglamento (UE) nº 1169/2011 que ...


Covariant Risk And Nutrient Credit Training, Brian Sawers 2018 University of Maryland Francis King Carey School of Law

Covariant Risk And Nutrient Credit Training, Brian Sawers

Endnotes

Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.

To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A ...


Remaking Making: Integrating Self-Replicating Technologies With The Exhaustion Doctrine, Adanna Uwazurike 2018 Boston College Law School

Remaking Making: Integrating Self-Replicating Technologies With The Exhaustion Doctrine, Adanna Uwazurike

Boston College Law Review

Self-replicating technologies such as genetically modified organisms have unquestionably improved the farming industry. In order to ensure continued innovation in this area, the law has increasingly established protections for this technology. Although the exhaustion doctrine serves as a limit to a patent holder’s rights, the application of the current patent infringement regime may be over-inclusive as self-replicating technologies continue to advance. This Note identifies Bowman v. Monsanto as a recent example of how self-replicating patented products could lead to blanket infringement liability, including for innocent infringers. This Note recommends that the definition of “making” be redefined to include only ...


Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni 2018 University of Missouri School of Law

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation ...


Agriculture And Res Ipsa Loquitur, Chad G. Marzen 2018 University of Oklahoma College of Law

Agriculture And Res Ipsa Loquitur, Chad G. Marzen

Oklahoma Law Review

No abstract provided.


L’Indicazione D’Origine Degli Ingredienti: Una Rivoluzione Francese Neo-Protezionista?, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

L’Indicazione D’Origine Degli Ingredienti: Una Rivoluzione Francese Neo-Protezionista?, Luis González Vaqué

Luis González Vaqué

Non ci stancheremo di ripeterlo: imporre l’obbligo della suddetta indicazione d’origine appare superfluo e infondato dato che nulla impedisce ai produttori di includere tale riferimento su base volontaria (e, naturalmente, veritiera) per soddisfare quei consumatori presumibilmente tanto preoccupati di conoscere la provenienza (nazionale o estera) degli alimenti acquistati. Infine, permetteteci di fare un avvertimento: la menzione dell’origine, quando è imposta, a torto o a ragione, in generale contribuisce irrimediabilmente alla frammentazione e alla disintegrazione del Mercato interno… Facciamola finita con tutte queste leggi obbligatorie e lasciamo che sia il consumatore a decidere!


Current Legal Issues Impacting Crop Production, Kristine A. Tidgren 2017 Iowa State University

Current Legal Issues Impacting Crop Production, Kristine A. Tidgren

Integrated Crop Management Conference

On March 16, 2015, the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit agand Calhoun). The lawsuit, which was filed in the United States District Court for the Northern District of Iowa, al leged that the supervisors, in their capacity as trustees for the drainage districts. The lawsuit, among its many demands, asked the federal court to order the drainage districts to cease “all discharges of nitrate that are not authorized by an NPDES or state operating permit.”


Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. McCalib 2017 University of Michigan Law School

Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib

Michigan Law Review

In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically ...


Self-Regulation Of The Labelling Of The List Of Ingredients Of Alcoholic Beverages: A Long-Term Solution?, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

Self-Regulation Of The Labelling Of The List Of Ingredients Of Alcoholic Beverages: A Long-Term Solution?, Luis González Vaqué

Luis González Vaqué

The proposal to make it compulsory to include a list of ingredients in the labelling of wine and other alcoholic beverages has been debated and rejected many times. It was discussed at length during the legal process leading to the adoption of Directive 79/112/EEC on the labelling, presentation and advertising of foodstuffs, when the ultimately successful arguments presented by opponents of the measure ranged from the view that wine is a living organism whose composition is constantly mutating, to the opinion that such information is irrelevant to consumers. Alcoholic beverages thus remained exempt, despite article 6.3 of ...


Atay V. County Of Maui, Stephanie A. George 2017 Alexander Blewett III School of Law at the University of Montana

Atay V. County Of Maui, Stephanie A. George

Public Land and Resources Law Review

As genetically engineered plants become more common, questions frequently arise regarding how the plants are regulated and who can regulate them. The Ninth Circuit attempted to answer these questions through preemption doctrine. The court left the door open for states and localities to regulate genetically engineered crops that have been deregulated by the federal government. This decision will implicate the future cultivation of genetically engineered crops, and the food industry as a whole.


Impacts Of The Food Safety Modernization Act On On-Farm Food Safety Practices For Small And Sustainable Produce Growers, Aaron Adalja, Erik Lichtenberg 2017 Cornell University School of Hotel Administration

Impacts Of The Food Safety Modernization Act On On-Farm Food Safety Practices For Small And Sustainable Produce Growers, Aaron Adalja, Erik Lichtenberg

Aaron Adalja

We use data from a national survey of fruit and vegetable growers to examine the current prevalence and cost burden of food safety practices required in the proposed Produce Rule implementing the Food Safety Modernization Act. In particular, we analyze the influence of farm size and farming practices on the probability of adopting food safety measures that would be required by the Produce Rule; and we analyze how the costs of using those food safety practices vary by farm size and farm practices. Majorities of our respondents currently employ most of the food safety practices that would be required under ...


Adoption And Coexistence Of Ge, Conventional Non-Ge, And Organic Crops, Aaron Adalja, Catherine Greene, James Hanson, Robert Ebel, Michael Barron 2017 Cornell University School of Hotel Administration

Adoption And Coexistence Of Ge, Conventional Non-Ge, And Organic Crops, Aaron Adalja, Catherine Greene, James Hanson, Robert Ebel, Michael Barron

Aaron Adalja

The adoption of genetically engineered (GE) crop varieties by U.S. farmers is widespread for major crops—94 percent of planted acres for soybeans, and 88 percent for corn in 2012 (USDA-NASS 2012). The potential exists for GE crop production to impose costs on organic and conventional non-GE production via unintended presence of GE material along the supply chain through: • Contamination of seed stock • Accidental cross-pollination • Accidental co-mingling during planting, harvesting, handling, and storing of crops (Bullock and Desquilbet 2002). Maintaining the integrity of GE-differentiated product markets relies on segregation protocols such as: • Hybrid selection and seed purity testing • Physical ...


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt 2017 American University Washington College of Law

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states ...


Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor 2017 American University Washington College of Law

Appraising The Role Of The Ifc And Its Independent Accountability Mechanism: Community Experiences In Haiti’S Mining Sector, Kate Nancy Taylor

Sustainable Development Law & Policy

No abstract provided.


Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter 2017 American University Washington College of Law

Green Is Good: How Green Bonds Cultivated Into Wall Street’S Environmental Paradox, Luke Trompeter

Sustainable Development Law & Policy

When the European Investment Bank issued the first green bond in 2007, few imagined this debt instrument would attract mainstream investors. Designed to finance projects ranging from climate change prevention to clean transportation development, green bonds were geared for socially responsible investors concerned with our planet’s sustainability. However, by 2015, green bonds were issued by major corporations like Apple and municipalities like New York City at a record $40 billion. Major players on Wall Street have taken notice and look to cash in on the rapidly growing green bond market. With this new influx of investment and the bonds ...


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Kimberly Reynolds, Ryan Schmidt 2017 American University Washington College of Law

Editor's Note, Kimberly Reynolds, Ryan Schmidt

Sustainable Development Law & Policy

No abstract provided.


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