Innovation in agri-food law between technology and comparison

Presentazione
Foreword

Session I. Agri-Food Law and Innovation

AGRICULTURAL AND FOOD LAW: NEW CHALLENGES FOR LEGAL SCHOLARS
Marco Goldoni

PRODUCTION KNOW-HOW AND THE FOOD MARKET: THE ITALIAN EXAMPLE
Luigi Costato
1. Manmade products are not all useful or necessary
2. The peculiarity of food and the transformation of food distribution
3. Italian producers’ know-how
4. The winning features of Italian food

THE CREATIVITY OF AGRI-FOOD LAWYERS
Giovanni Pascuzzi
1. Terminological premises
2. Legal innovation: legal techniques and cognitive techniques
3. Why can this taxonomy be useful?
4. Conclusions

AGRI-FOOD LAW AND INNOVATION THROUGH THE LENSES OF BETTER REGULATION
Laura Salvi
1. Innovation and Regulation in the European Union
2. The EU «executive regulation» by the European Commission
3. Comitology and the control of the EU executive
4. The «technical regulation» by EU Agencies
5. Food Regulation in the European Union, between Expertise and Executive power
6. An overview of the EU Better Regulation Agenda
7. The Regulatory Fitness and Performance Programme (REFIT) on the General Food Law
8. The EFSA at stake: proposal COM(2017)179 on the transparency and sustainability of the EU risk assessment in the food chain
9. The comitology at stake: the proposal COM(2017)85 amending Regulation (EU) No 182/2011
10. Concluding remarks

THE BEATLES REVOLUTION: WHEN INNOVATION STARTS WITH INSECTS
Valeria Paganizza
1. Introduction
2. Farming of insects as social inclusion factors
3. Insects and sustainability
4. Insects as food within the European Union
5. Insects as feed within the European Union
6. Insects in biological control
7. Insects in waste management
8. Insects as new material sources
9. Concluding remarks

“PRODUCTS OF INNOVATION” IN AGRI-FOOD MARKETS. LEGAL RULES FOR THE ACCESS OF INNOVATING PRODUCTS AND PARADIGMS IN THE AGRI-FOOD MARKET
Irene Canfora
1. The concept of innovation in agri-food market
2. Which rules for the innovative food market in lack of uniform European legislation?
3. The model of “novel food” regulation


Session II Agri-Food Law and Comparison

AGRI-FOOD LAW: INNOVATION AND GLOBALISATION IN COMPARATIVE PERSPECTIVE
Ferdinando Albisinni
1. A laboratory of innovation
2. Agri-Food Law as a unitary legal framework
3. Agri-Food Law and Life Cycle
4. From European to Global shared dimension
5. Global Food Law and legal transplants
6. Agri-Food Law as Global Law and Comparative Law

ANTITRUST AND B2B TRANSACTIONS ISSUES IN AGRI-FOOD SUPPLY CHAINS
Roberto Pardolesi – Valerio Cosimo Romano
1. Introduction
2. Emergence of UTPs
3. A taxonomic exercise
4. Pills of Law and Economics of UTPs
5. About the Directive
6. Some scattered remarks, as a way to conclude

SMALL FARMERS BIG MARKETS AND AGRICULTURAL FOODS SAFETY
Ruan Zanlin, Yu Yangyao
1. The Raise of the Questions
2. China is a large agricultural country with “small-farm economy” as the main production mode
3. Agricultural foods go from local to national market
4. New challenges for supervision and administration over agricultural foods quality and safety
5. Suggestions for innovative supervision and administration over the quality and safety of agricultural foods under “Small farmers, Big markets”
6. Conclusion

MOTIVATION, ISSUES AND PROSPECTS FOR QUEBEC (CANADA) TERROIR PRODUCT INNOVATIONS: FROM LOCAL ACTIONS TO GLOBAL MARKETS?
L. Martin Cloutier

GLOBALISATION OF INNOVATION (RE-)LOCALISATION OF FOOD LAW?
Martin Holle
1. The globalisation of food innovation
2. (Re-)localisation of food law?
3. National aberrations in the implementation of EU food law
4. Risk analysis: a scientific battlefield
5. Challenges ahead


Session III Agri-Food Law and Technology
THE SYMBIOTIC ROLE PLAYED BY TECHNOLOGY AND LAW IN THE AGRI-FOOD FIELD: AN INTRODUCTION
Umberto Izzo

NEW BREEDING TECHNIQUES AND SUSTAINABILITY PRINCIPLE
Eleonora Sirsi
1. The New Plant-Breeding Techniques (NBTs)
2. A new polarization
3. The Court of Justice: the decision of 25 July 2018

TECHNOLOGICAL INNOVATION AND THE FOOD BUSINESS OPERATOR LIABILITY
Marianna Giuffrida
1. Premise
2. Technological innovation and food safety
3. The food business operator and the dimension of his liability
4. Novel food and responsibility
5. Final considerations

THE “MYTH” OF PRECAUTION
Paolo Borghi
1. Innovation and precaution
2. The origins of the principle, its general physiognomy and its confluence into EU law (especially into EU food law)
3. Some ideas about the role played in the food sector
4. A useful principle. An indispensable codification?
5. Precaution and proportionality
6. A “casual” use of it: the “myth” continues
7. Conclusions

ANATOMY OF FOOD DECISIONS: LAW FACE TO NEUROSCIENCE
Alessandra Di Lauro
1. Introduction
2. Conscious Food Choice
3. Decision in the Light of Neuroscience
4. Neuroscience and Law

INNOVATION IN THE AGRI-FOOD SECTOR AND PUBLIC ADMINISTRATION CONTROLS
Sandro Amorosino
1. Technological innovation and administrative controls
2. The problem of effectiveness of controls
3. The indispensable afterthought of regulatory systems
4. Four policies for the strengthening of the controls

THE PROTECTION OF SEEDS BETWEEN OPEN AND CLOSED MODELS
Matteo Ferrari
1. Premise
2. The legal landscape: from the seed as a public good, to the public intervention, to the predominant role played by the multinationals
3. Seeds and the “open” logic: a feasible alternative?
4. The limits of the open logic when applied to seeds: seeds are (not) software

CONCLUSIONS
Antonio Jannarelli

Authors