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Trade in Food: Regulatory and Judicial Approaches in the EC and the WTO
By Alberto AlemannoTrade in Food systematises and explores the evolution of the European Union’s regulation of food within the broader framework set out by the WTO Agreements. Its main purpose is to provide readers keen to deepen their knowledge of the field with easy access to the EU and WTO food laws accompanied by a critical explanation and commentary. The book is suitable for legal practitioners, judges, policy-makers, officials of international organizations as well as post graduate students of international trade law and policy, international and European economic law, global administrative law and risk regulation. REVIEWS“This is a very important book. It is dense with details about food safety regulation, but also rich in insights about the intersection of science and law. This book significantly increases our chance of success at integrating science with politics into effective and legitimate regulation. This excellent book does not have all of the answers we need (although it surely has some of them). But it surveys a great deal of the relevant legal territory, and takes us a very long way toward formulating the right questions”. “Alberto Alemanno’s book is a timely treatment of one of the most controversial legalcontroversies. His analysis is clear, accurate, as well as systematic and provides a wealth of information. The comparative analyisis will prove invaluable to all those involved in the current food conflicts … this book can also be recommended to environmental lawyers”. “Trade in Food is a ‘must have’ reference volume for food law and policy scholars. Alemanno should be commended for writing a comprehensive work on the evolving and emotive area of food and trade law. The book is not only informative, but also includes thought-provoking analysis, carefully crafted and supported arguments, and original solutions. His detailed methodological approach, which delves into the evolution of the respective EU and WTO substantive disciplines, regulatory philosophies and case law, allows him to identify the areas of friction between the regulatory frameworks and, perhaps, more importantly, to examine the underlying raison d’être behind this tension”. “The book represents a meritorious study of the tumultuous relationship between regulatory competence of states and supranational regulatory frameworks. A gourmet dish exquisitely presented, Trade in Food does not only offer a comprehensive and self-contained study in food regulation, but also provides a delicious appetiser to further research in any area exploring the tense interaction between market integration and flanking policies. An incredible ambitious project, there is very little to reprimand to Trade in Food except perhaps being so absorbing as to delightfully haunt the reader with the questions it raises long after having finished it. Exhaustive, meticulous and captivating, Trade in Food is an invaluable comparison in the food safety regimes developed by the EU and the WTO and a truly indulgent treat for anyone wishing to find out more about possible regulatory models for important societal concerns”. “In dissecting and analyzing the regulatory and judicial approaches to food regulation in the European Union and the World Trade Organization (WTO), Alberto Alemanno fills a critical gap in the literature. Alemanno effectively covers a huge area of law and public policy on 451 pages. Indeed, Trade in Food is a book that scholars dedicated to understanding how the law can impact domestic regulation and international relations will enjoy and will learn a great deal from. Alemanno marries precision and detailed analysis whilst never derogating from the overarching intent which is to compare how two different legal systems treat the regulation of something so fundamental to human existence: food”. “L’auteur, adversaire de trop grandes intrusions des juges dans les controverses scientifiques, inscrit ses analyses et propositions dans le sens d’une plus grande objectivité des procédures juridictionnelles d’évaluation des politiques publiques de sécurité alimentaire. Loin de confondre les contingences publiques et privées, scientifiques et éthiques, Alemanno surmonte avec efficacité et nuance l’impasse du ‘tout juridique’ à la faveur d’une méthodologie résolument comparative et interdisciplinaire, tout à l’avantage d’un droit plus conscient de ses limites et potentialités”. “This book is the outcome of a long research project during several research experiences. The contents of this book focus inter alia on two guidelines of constitutional interest that are worth highlighting: the role of the jurist before the evolution of science and the spread of new technologies and the multilevel physiognomies of the food regulations. Without falling in a sort of legal nihilism or in a sort of postmodern decadence, the role of the law does not result decreased and perhaps having confirmed this conviction is the most important merit of Alemanno’s book”.
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