Final Report Summary - LASCAUX (Analysis and assessment of the new European Agri-food Law in the contexts of food safety, sustainable development and international trade)
The Lascaux research programme aimed to analyse agri-food law in Europe and internationally, both for itself and with regard to the major issues concerning the laws governing farming and food production in the world. Its first objective was to make a study of European food law and to compile a doctrinal corpus of that law (1). Secondly, the programme aimed to ensure that Law may contribute to solving the major problems affecting agri-food in the world: food security, international trade, speculation, the economic development of developing countries ('the South'), the management of natural resources, globalisation and the sustainable development of the agri-food sector (2). All the scientific steps of the Lascaux programme are available on its dedicated website (http://www.droit-aliments-terre.eu).
1) Concerning the study of existing laws, the research work aimed to constitute a "European food law code", which gathers together legally-based texts (covering general principles, hygiene safety rules, standards for food business operator ethics and obligations, consumers' rights) to the exclusion of purely technical or scientific regulations (scientific standards, codex alimentarius, etc.). This code is published in French, in English and in Dutch by Bruylant Publishing (http://fr.bruylant.larciergroup.com/) and in Spanish by Edicion Inida
The doctrinal corpus mainly concerns European and international agri-food law. For some aspects a comparative analysis is also made of laws in force in other legal systems. The corpus consists of various types of research publication: a general work on issues concerning agri-food law, enabling the reader to comprehend this area of law within the context of today's major socioeconomic issues; monographs and theses; reports of study sessions, seminars and symposia specially organised by the Lascaux programme; and special articles on particular legal questions. The list of this doctrinal corpus is available on the Lascaux website (http://www.droit-aliments-terre.eu). In-depth studies have been carried out (with publications) on the whole body of European food law (particularly on food business operators' obligations and responsibilities, consumers' rights, and hygiene safety rules), as well as on the issue of competition, specifically competition in farm products. These studies have already demonstrated the specific nature of European food law, its major trends, and its strong and weak points. Several theses were defended and a Legal Dictionary Of Food Security In The World is published in French and English by Larcier Group (http://www.larciergroup.com/) and in Spanish by Edicion Inida. This dictionary deals not only with European and international agri-food law but also with the legal aspects of the major problems affecting farming and food production in the world.
2) With regard to solving the major problems affecting agri-food in the world, the Lascaux programme conducted research in 3 directions simultaneously:
- determining the ethical, social and environmental values specific to food products which would justify a specific legal framework for agricultural raw produce destined for food use ('soft commodities') and foodstuffs in general;
- assessing the role and importance of the concept of sustainable development in questions concerning European and international agri-food law;
- building legal models capable of providing a framework for the production and international trade of food products, taking account of the degree of development of individual countries and also their climate, economy and culture.
These three strands of research were pursued in the form of meetings, mostly at an international level and in an interdisciplinary framework (law, economics, sociology, anthropology and history, for the most part), but also with professional or scientific associations and non-governmental organisations (NGOs) concerned, and more generally, citizens and their representatives. So far, this work has shown up the inadequacy of existing legal models (particularly those of fundamental rights and of the WTO). It has pointed up the causes of the main problems (famine, food crises, price fluctuation, under-development, over-use of natural resources) occurring in an unsuitable legal framework, ie principally WTO law, international investments law and international financial law.
In this regard, the Lascaux programme has developed several proposals from the concept of "food democracy" (more efficient than "food sovereignty"): "Putting international trade in agricultural products at the service of food security" ; "A fairer balance for international investments in farmland in developing countries" ; "International recognition of an "exception for food" on the model of the "cultural exception". These proposals are published in the proceedings of an international pluridisciplinary dedicated symposium "Thinking a food democracy" (Edicion Inida) : http://www.droit-aliments-terre.eu).
1) Concerning the study of existing laws, the research work aimed to constitute a "European food law code", which gathers together legally-based texts (covering general principles, hygiene safety rules, standards for food business operator ethics and obligations, consumers' rights) to the exclusion of purely technical or scientific regulations (scientific standards, codex alimentarius, etc.). This code is published in French, in English and in Dutch by Bruylant Publishing (http://fr.bruylant.larciergroup.com/) and in Spanish by Edicion Inida
The doctrinal corpus mainly concerns European and international agri-food law. For some aspects a comparative analysis is also made of laws in force in other legal systems. The corpus consists of various types of research publication: a general work on issues concerning agri-food law, enabling the reader to comprehend this area of law within the context of today's major socioeconomic issues; monographs and theses; reports of study sessions, seminars and symposia specially organised by the Lascaux programme; and special articles on particular legal questions. The list of this doctrinal corpus is available on the Lascaux website (http://www.droit-aliments-terre.eu). In-depth studies have been carried out (with publications) on the whole body of European food law (particularly on food business operators' obligations and responsibilities, consumers' rights, and hygiene safety rules), as well as on the issue of competition, specifically competition in farm products. These studies have already demonstrated the specific nature of European food law, its major trends, and its strong and weak points. Several theses were defended and a Legal Dictionary Of Food Security In The World is published in French and English by Larcier Group (http://www.larciergroup.com/) and in Spanish by Edicion Inida. This dictionary deals not only with European and international agri-food law but also with the legal aspects of the major problems affecting farming and food production in the world.
2) With regard to solving the major problems affecting agri-food in the world, the Lascaux programme conducted research in 3 directions simultaneously:
- determining the ethical, social and environmental values specific to food products which would justify a specific legal framework for agricultural raw produce destined for food use ('soft commodities') and foodstuffs in general;
- assessing the role and importance of the concept of sustainable development in questions concerning European and international agri-food law;
- building legal models capable of providing a framework for the production and international trade of food products, taking account of the degree of development of individual countries and also their climate, economy and culture.
These three strands of research were pursued in the form of meetings, mostly at an international level and in an interdisciplinary framework (law, economics, sociology, anthropology and history, for the most part), but also with professional or scientific associations and non-governmental organisations (NGOs) concerned, and more generally, citizens and their representatives. So far, this work has shown up the inadequacy of existing legal models (particularly those of fundamental rights and of the WTO). It has pointed up the causes of the main problems (famine, food crises, price fluctuation, under-development, over-use of natural resources) occurring in an unsuitable legal framework, ie principally WTO law, international investments law and international financial law.
In this regard, the Lascaux programme has developed several proposals from the concept of "food democracy" (more efficient than "food sovereignty"): "Putting international trade in agricultural products at the service of food security" ; "A fairer balance for international investments in farmland in developing countries" ; "International recognition of an "exception for food" on the model of the "cultural exception". These proposals are published in the proceedings of an international pluridisciplinary dedicated symposium "Thinking a food democracy" (Edicion Inida) : http://www.droit-aliments-terre.eu).