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Full-Text Articles in Agriculture Law

Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez Jan 2006

Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez

Faculty Articles

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities, such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under a variety of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right …

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Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce Aug 2005

An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce

ExpressO

This paper examines the copious problem of world poverty affecting half of the world’s population in the South and assesses the international legal obligations of the international legal community, viz., developed states, transnational corporations and the international financial institutions of the IMF, World Bank and WTO to the eradication of poverty and the growth of sustainable development, in view of the inviolability and peremptory nature of the Charter of the UN, and the international human rights provisions arising therefrom. To this extent, we examine the 1986 General Assembly Declaration on the Right to Development, along with the other International Bill …

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Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman May 2005

Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman

Journal of Food Law & Policy

In the last several years, European Union (E.U.) policy has encouraged development of biotechnology, including genetically modified (GM) (that is, bioengineered) agricultural crops. The E.U. developed a strategy for life sciences and biotechnology, directed toward improving the competitiveness of the European biotechnology sector and the general situation for European biotechnology. E.U. documents have acknowledged the potential significance of genetically modified crops-for example, the conclusion in a recent report that "the potential of plant genomics and biotechnology to deliver major advances in our lifestyles and prosperity is enormous. [Biotechnology] can also maintain and enhance the competitiveness of E.U. farmers and food …

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Do European Union Non-Tariff Barriers Create Economic Nuisances In The United States?, Thomas P. Redick, Michael J. Adrian May 2005

Do European Union Non-Tariff Barriers Create Economic Nuisances In The United States?, Thomas P. Redick, Michael J. Adrian

Journal of Food Law & Policy

The European Union's new traceability system for biotech crops will lead to the proliferation of non-tariff barriers affecting biotech crops. This, in turn, will lead to economic dislocation and attendant liability in the United States, which is losing billions of dollars in export trade. A chain of complex legal problems will arise for United States-based companies as they strive to trace particular genetically modified (GM) events and avoid commingling. The European Union (E. U) tracing law for biotech crops applies at each stage of commodity commerce, from grain shippers leading back through elevators, growers, and seed companies. Warranty liability could …

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Revising Seed Purity Laws To Account For The Adventitious Presence Of Genetically Modified Varieties: A First Step Towards Coexistence, A. Bryan Endres May 2005

Revising Seed Purity Laws To Account For The Adventitious Presence Of Genetically Modified Varieties: A First Step Towards Coexistence, A. Bryan Endres

Journal of Food Law & Policy

Adoption of genetically modified (GM) seed varieties in the United States, Canada, and South America continues to expand, with GM crops comprising almost 76 million hectares and over 93 percent of the total biotech cropland worldwide. As an increasing number of farmers plant GM varieties, the potential for adventitious mixture of genetically modified DNA with products produced via organic and conventional (non-GM) methods also increases. Many consumers of organic and identity-preserved products, however, object to the adventitious presence of genetically modified DNA at even low levels. Accordingly, the ability of farmers to choose between conventional, organic, or GM crop production …

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The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz Jan 2005

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

UF Law Faculty Publications

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …

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The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk Jan 2004

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

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The Rhetoric Of Biopiracy, Paul J. Heald Jul 2003

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

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Fishing Subsidies And The World Trade Organization, Chios Carmody Jan 2003

Fishing Subsidies And The World Trade Organization, Chios Carmody

Law Publications

No abstract provided.

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Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng Jan 2003

Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng

Northwestern Journal of International Law & Business

The advent of recombinant genetic engineering techniques has revolutionized biotechnology. The biomedicine and biotechnology industries have extensively employed these techniques to improve the quality of agricultural crops and livestock and to create genetically modified organisms ("GMOs") in order to produce drugs. Since as much as twenty-five percent of the world's intellectual property-related trade involves biotechnology, many countries have realized the importance of providing intellectual property protection for biotechnological technologies, including GMOs. In the past decade, China's booming economy has helped make its biotechnological market the fastest growing market in the world. To stimulate innovation and attract private investment in its …

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Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez Jan 2002

Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez

Faculty Articles

The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …

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The World Trade Organization: Environmental Police?, Jane I. Yoon Apr 2001

The World Trade Organization: Environmental Police?, Jane I. Yoon

Cardozo Journal of International and Comparative Law

The note examines the tension between the World Trade Organization's (WTO) primary goal of promoting free trade and its efforts to address environmental concerns. While the WTO has established mechanisms like the Committee on Trade and Environment (CTE) to reconcile trade and environmental issues, critics argue that its framework prioritizes trade over environmental protection. The note concludes that the WTO's environmental aspirations are commendable but ultimately impractical due to the inherent conflict between trade liberalization and environmental goals.

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Unlabel Their Frankenstein Foods!: Evaluating A U.S. Challenge To The European Commission's Labeling Requirements, John S. Fredland Jan 2000

Unlabel Their Frankenstein Foods!: Evaluating A U.S. Challenge To The European Commission's Labeling Requirements, John S. Fredland

Vanderbilt Journal of Transnational Law

The recent development of genetically-modified agriculture has been accepted enthusiastically by the U.S. agricultural producers, but the European public has expressed fear that the so-called "Frankenstein Foods" may be harmful to health and the environment. Faced with this public outcry, the European Commission. passed regulations, which mandated that food products containing genetically-modified agricultural products be labeled as such. Although the European Commission appears to have passed its labeling requirements without express or hidden protective intent, the regulations stand to make U.S. producers less competitive in the European market than their European counterparts. This Note contends that the United States should …

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U.S. Agriculture And The Omnibus Trade Bill: A Step In The Right Direction?, Kenneth S. Barrow, Matthew V. Parker May 1989

U.S. Agriculture And The Omnibus Trade Bill: A Step In The Right Direction?, Kenneth S. Barrow, Matthew V. Parker

BYU Law Review

No abstract provided.

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Agricultural Trade And Section 22, Rex Zedalis Jan 1982

Agricultural Trade And Section 22, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review Jan 1982

Applying Antidumping Law To Perishable Agricultural Goods, Michigan Law Review

Michigan Law Review

This Note argues that the general sort of econometric test relied on by the Commerce Department in Mexican Vegetables represents a clear improvement over traditional price comparison methodology. Part I outlines important procedural and substantive aspects of the antidumping enforcement scheme and identifies several features of the traditional methodology that increase the likelihood of a less-than-fair-value finding in cases involving substantial price variation. Part II analyzes the economic characteristics of perishable agricultural goods that often produce wide variations in their prices. Part III finds that both the legislative history of the antidumping statute and economic theory proscribe only predatory pricing …

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Disclosure Of Foreign Direct Investment In United States Agricultural Property, Edward C. Brewer, Iii Jan 1979

Disclosure Of Foreign Direct Investment In United States Agricultural Property, Edward C. Brewer, Iii

Vanderbilt Journal of Transnational Law

On October 14, 1978, Congress passed the Agricultural Foreign Investment Disclosure Act, to require reports by foreign persons of their holdings in agricultural property. The Act directs the Secretary of Agriculture to compile data from these reports, and to analyze the effect of foreign investment upon the agricultural economy. In its 1976 survey of foreign direct investment in the United States, the Department of Commerce found that, although sufficient data existed in most areas of the economy to support an assessment of the effect of foreign direct investment, data on foreign ownership of real estate was insufficient. This was attributed …

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