Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Food online : PhD thesis on food legal and civil law requirements for digital contracts regarding food purchases by consumers in the Netherlands
Veer, Lomme C. van der - \ 2017
Wageningen University. Promotor(en): Bernd van der Meulen. - Wageningen : Wageningen University - ISBN 9789463437127 - 125
food - food consumption - food costs - food marketing - food merchandising - food prices - food legislation - consumers - product liability - regulations - law - internet - netherlands - food purchasing - voedsel - voedselconsumptie - kosten voor voedsel - marketing van voedingsmiddelen - reclamecampagne van voedsel - voedselprijzen - voedingsmiddelenwetgeving - consumenten - productaansprakelijkheid - regelingen - recht - nederland - voedselinkoop

In this thesis the research focuses on the legal rules and regulations in the Netherlands that apply in the context of food purchases by consumers that are concluded online. Sale of food via the Internet takes place in the area of Civil Code requirements on distance selling and public law requirements on food labelling. In four research Chapters (chapters 2-5) the relevant topics are addressed.

In Chapter 1 the legal context to the research is presented leading up to the formulation of the central problem statement and the research questions. The Chapter also provides the theoretical framework and the in this research applied methodology.

Chapter 2 ‘'Real Food from Virtual Shops: the situation before 2014’ reports on research performed before the entry into force of the national implementation of the Consumer Rights Directive and of the Food Information Regulation. This chapter provides the historical baseline to this research. The research in this chapter shows that the instruments handed to the consumers to compensate their weakened position as online buyers, cannot function as intended in case the merchandise is food. It is argued that consumers derive more bite from general provisions of contract law than from the provisions specifically addressing distance contracts.

In Chapter 3, ‘Food Online, Radical Changes to the Digital Shop Window after 2014’ the argument is continued by addressing in detail the implementation of the Consumer Rights Directive in the Netherlands and the entry into force of the Food Information Regulation. The differences become visible between civil law and public food legislation in the manner in which they envisage to protect the consumer. Civil law turns out to be rather scarce in requiring information provision to consumers. In his attempt to ensure that consumers are only bound to purchase contracts they actually want, the European legislator has chosen a far more draconic instrument. The consumer has been given the right to withdraw from the contract altogether after the etailer has already fulfilled his side of the agreement. The legislature has preferred this instrument over elaborate information requirements regarding the product to be purchased. The available data do not show that the legislature balanced these two instruments.

Whatever these reasons have been, they seem to have been less compelling in the case of food products. The vast majority of foods is exempted from the consumers' right to withdraw. This leaves a considerable gap in the civil law protection of consumers of food online. This gap has recently been filled by the Food Information Regulation. This regulation does put in place a considerable obligation to supply the consumer online with information prior to the purchase decision. The etailer has to provide online all the information which the producer is required to provide on the food label. In one small provision the entire and complex burden the Food Information Regulation places on the food industry, is placed with the etailer as well.

In Chapter 4 ‘Product Liability for Online Food Suppliers’ the increased risks for the etailer of foods to become product liable is addressed. Due to the wide scope of the definition of ‘producer’ in product liability law, the risk for the etailer to be considered the liable producer is rather high. Due to the Consumer Rights Directive and its implementation in national law, of all the players in the chain the etailer is easiest to identify for the consumer. Etailers have to push their claims further up the hill without any recourse to facilities regarding burden of proof or liability. Both the Consumer Rights Directive and the Food Information Regulation have been designed to reinforce the consumers’ position with a view to ensuring that consumers will no longer be the weakest link in the value chain.

In Chapter 5 'The Lucky Bag for Meals' the emerging market for food-boxes is discussed. Food-boxes embody the dream of every etailer. Not the consumers decide what they buy, but the retailers decide what they supply. Business economic advantages of this model in terms of stock management, logistics and marketing are obviously enormous. Apparently an important marketing proposition in this modern day ‘lucky bag’ is the surprise. It appears that consumers want to be surprised. Despite all requirements regarding transparency and information provision imposed by legislators upon the etailer with a view to protecting consumers, a part of the market seems to prefer to be kept uninformed. The chapter shows that a relevant group of consumers is actually willing to pay a price premium to businesses for infringing upon their legal obligations and for being kept out of their rights.

In Chapter 6 the findings of the research are presented. Besides the answers to the research questions a new series of questions emerge. These openings to further exploration show how the legal field of food online in legal development and legal scholarship is just as young as the technology that sparked its emergence.

A comparative history of commercial transition in three West African slave trading economies, 1630 to 1860
Dalrymple-Smith, Angus - \ 2017
Wageningen University. Promotor(en): Ewout Frankema; Elise van Nederveen Meerkerk, co-promotor(en): M. van Rossum. - Wageningen : Wageningen University - ISBN 9789463436199 - 283
slavery - history - colonialism - trade - commodities - gold - law - social change - economic change - west africa - slavernij - geschiedenis - kolonialisme - handel - basisproducten - goud - recht - sociale verandering - economische verandering - west-afrika

The nineteenth century ‘commercial transition’ from export economies based on slaves to ones dominated by commodities like palm oil has been a central theme in West African history. However, most studies have tended to focus on the impact of the change and assumed that its causes were largely a result of the British decision to abolish their transatlantic slave trade in 1807 and subsequently persuading or forcing other nations to do the same. This thesis makes two principal contributions to this debate. Firstly, it reviews new evidence which shows that the commercial transition in West Africa’s most important slave exporting regions, the Gold Coast, the Bight of Biafra and the Bight of Benin, can be predicted by the patterns of trade established in previous centuries. It then presents a model of analysis which sets out which interrelated factors shaped their export economies and ultimately determined how they responded to the changing political and economic environment of the Atlantic world from the seventeenth to the nineteenth centuries. This study offers an important comparative, long term quantitative perspective on the transition from slave exports to so-called ‘legitimate commerce’.

Chapter 1 shows that the speed and timing of the nineteenth century commercial transition differed considerably across the case study regions. Along the Gold Coast there was a sudden, and effectively total end to transatlantic slave trading after 1807. In the Bight of Biafra slave exports gradually declined until largely ceasing in the 1830s. Lastly in the Bight of Benin export slavery continued until the 1850s. The chapter argues that earlier studies have tended to ignore long term trends and also lack a comparative approach, as many are focused on individual regions. It then suggests a new model of analysis and dismisses two factors as irrelevant; the British slave trade patrol and changing demands for, or changing supply of, African slaves. The chapter argues that regional variations can be explained by five key factors: 1) the nature and duration of long-term trade relations; 2) the identity of the principal European trade partner; 3) certain aspects of the ecology of the different regions; 4) the regional political contexts; and 5) the development of institutions that either encouraged or discouraged elite participation in non-slave exports.

Chapter 2 provides a broad overview of each case study region’s patterns of trade from the fifteenth to the eighteenth Centuries based on secondary and primary qualitative sources. It then reviews quantitative evidence of commodity trading patterns from the earlier eighteenth century from British and Dutch commodity traders and slaving vessels that bought commodities. It argues that the expansion of slavery in the Bight of Biafra did not crowd out other forms of commerce. On the Gold Coast the early eighteenth century saw continued engagement in commodity exports while the slave trade expanded. However, by the 1780s, both slave and commodity exports seem to have begun to decline. In the Dahomean-controlled area of the Bight of Benin, there is no evidence of slavery crowding out other forms of commerce, as captives were always the only item of trade with the Atlantic world.

Chapter 3 investigates the extent to which the 18th century intensification of the trans-Atlantic slave trade boosted commercial agriculture in the coastal areas of West Africa and in particular in the case study regions. It explores the provisioning strategies of 187 British, French, Dutch and Danish slave voyages conducted between 1681 and 1807, and calls for a major downward adjustment of available estimates of the slave trade induced demand impulse. It shows that during the 18th century, an increasing share of the foodstuffs required to feed African slaves were taken on board in Europe instead of West Africa. However, there was considerable variation in provisioning strategies among slave trading nations and across main regions of slave embarkation. The Bight of Benin never significantly engaged in provisioning trade. Traders along the Gold Coast provided relatively large quantities of food to slaving vessels, but in the Bight of Biafra, British demand stimulated a considerable trade in foodstuffs. The chapter explains these trends and variation in terms of the relative (seasonal) security of European versus African food supplies, the falling relative costs of European provisions and the increasing risks in the late 18th century trade, putting a premium on faster embarkation times.

Chapter 4 uses a newly constructed dataset on the quantities and prices of African commodities on the coast and in British markets over the long eighteenth century and provides new insights into the changing nature of Britain’s non-slave trade. It improves on previous work by Johnson et al. (1990) and finds that earlier estimates of the volume and value of commodity trade have been underestimates and fail to account for regional changes in output. The data suggests that from the 1770s the focus of Britain’s commodity trade shifted from Senegambia to the Bight of Biafra and that in the later eighteenth century non-slave goods were primarily purchased by slave ships, not specialist bi-lateral traders. The chapter argues that these changes were motivated by a number of factors; conflicts between Atlantic powers, the prices of British trade goods and African imports, increasing levels of risk faced by British slave merchants and the fact that traders in the Bight of Biafra were both willing and able to supply desirable commodities.

Part 1 establishes that the Gold Coast had a far long history of commodity trading and seemed to have been moving away from the slave trade at the end of the eighteenth century. The region of the Bight of Benin controlled by Dahomey always focused exclusively on slaves. The Bight of Biafra had a considerable non-slave export economy that was growing at the end of the eighteenth century. Part 2 of the thesis applies the model of analysis to the case study regions.

Chapter 5 argues that that for the Gold Coast and more particularly the Asante empire British abolition policies and the slave forts can explain the timing of the end of transatlantic slavery but not why it ended. Following the model of analysis, the chapter shows that the presence of gold determined both long term political development and the nature of the region’s trade relationship with the Atlantic. In addition, gold became essential as a means of marking status and wealth at all levels of society and for domestic exchange. This meant that slaves were always essential for the production of gold, meaning that there was an important competing domestic market for coerced labour. Over the eighteenth-century gold became scarcer leading to slaves being pulled out of the Atlantic market to focus on production. In addition, well-developed trade relations with the interior and a rise in demand from the Islamic states in the Sokoto caliphate led to an expansion of kola exports which demanded yet more labour. Most importantly, the chapter argues that both households and elite groups could profit more from commodity than slave exports which explains the rapid move away from the transatlantic slavery and towards the production of commodities.

In Chapter 6 it is argued that in the Bight of Biafra, the slave and commodity trades were not only compatible but complementary. The region’s riverine transport networks, long established coastal-interior trade relations and suitability for the growing of yams, palm oil and tropical hardwoods meant that the provisioning and commodity trades could function alongside slave exports. The relatively late opening of central Igboland to the Atlantic slave markets meant that the region did not see the influx of wealth in the seventeenth century that spurred the development of states in the other case study areas. Instead the region followed a different institutional path which saw the development small political entities linked together through the Aro trade network. Elites in the interior and at the coast were reliant on trade for both power and status, but not specifically the slave trade. As a result, abolition was not a serious economic shock as commodities and slaves had always been traded side by side. As in Gold Coast both commoners and elites benefited from commodity trading. Atlantic goods allowed many more people to purchase goods to improve their standards of living, while elites benefitted from the less volatile commodity trade. Furthermore, the British state also perhaps unintentionally supported the development of the palm oil trade through its customs policies. Eventually, this led to palm oil crowding out slave exports through greater demands for domestic labour.

Chapter 7 investigates why the region of the Bight of Benin controlled by Dahomey only ever exported slaves. It shows that this region possessed no gold and had less favourable geography for commodity exports than the Bight of Biafra. The early expansion of export slavery in the seventeenth century spurred the development of states and elites who were entirely dependent on slave exports to maintain their wealth and power. It led to the development of a militaristic culture and institutions based on large scale slave raiding that were highly effective as a means of controlling and harnessing elite violence, generating wealth and defending the state from powerful external threats and economic competition. The demands of the army and elites took much of the kingdom’s potential labour away from households. In addition, constant warfare led to a serious demographic decline across the region further reducing the amount of available labour. The chapter argues that it was never in the interests of elites to switch to an alternative economic system and there was, until the 1850s, always sufficient external demand. In the end abolition efforts were a necessary condition to ending the slave trade.

Chapter 8 concludes with a summary of the main contributions of thesis; the importance of long term patterns of trade in determining nineteenth century commercial transition and a modified model of analysis to explain the diverging trajectories of the different case study regions. It also argues that the impact of Britain’s abolition campaign should be reassessed. In the Gold Coast and the Bight of Biafra it was not an important factor in ending transatlantic slavery, while in the Bight of Benin it was. The chapter ends with suggestions for future research.

Kwaliteit van modellen voor wettelijke onderzoekstaken
Houweling, H. ; Voorn, G.A.K. van; Giessen, A. van der; Wiertz, J. - \ 2015
Wageningen : WOT Natuur & Milieu - Wageningen UR (WOt-paper 38) - 4
kwaliteitsnormen - modellen - recht - natuur - milieu - landbouwwetenschappen - landschap - evaluatie - quality standards - models - law - nature - environment - agricultural sciences - landscape - evaluation
De unit Wettelijke Onderzoekstaken Natuur & Milieu van Wageningen UR (WOT N&M) zet modellen, (ruimtelijke) gegevensbestanden en graadmeters in bij het beleidsgericht onderzoek voor het Planbureau voor de Leefomgeving en het Ministerie van Economische Zaken. Het gaat daarbij bijvoorbeeld om onderzoek voor de Natuurverkenningen, de Herijking van de Ecologische Hoofdstructuur of de Evaluatie van het Mest- en Gewasbeschermingsmiddelenbeleid. Om de kwaliteit van deze modellen en (ruimtelijke) gegevensbestanden te verbeteren en te borgen maakt de WOT N&M gebruik van een kwaliteitssysteem. In deze WOtpaper wordt dit kwaliteitssysteem toegelicht.
Regional restrictions on environmental impact assessment approval in China: the legitimacy of environmental authoritarianism
Zhu, X. ; Zhang, L. ; Ran, R. ; Mol, A.P.J. - \ 2015
Journal of Cleaner Production 92 (2015). - ISSN 0959-6526 - p. 100 - 108.
public-participation - politics - implementation - management - democracy - power - law
The poor enforcement and effectiveness of environmental impact assessment (EIA) on construction and investment projects in China has long been blamed for not preventing environmental pollution and degradation. At the same time, freezing EIA approval of all new projects in an administrative region, introduced in 2006 as a punishment for failing to meet regional environmental quality targets, has been regarded as an innovative administrative instrument used by higher level environmental authorities on local governments. But it also raised controversies. Applying an environmental authoritarianism perspective, this study analyzed the legitimacy and environmental effectiveness of freezing EIA approval procedures by reviewing all 25 national cases and 12 provincial cases of so-called EIA Restrictions Targeting Regions between 1 December 2006 and 31 December 2013. The results show that such an environmental authoritarian measure is to some extent environmentally effective but lacks legality and transparency towards and participation of third parties, and hence falls short in legitimacy. Legal foundations and wider third party participation are essential for the long term effectiveness of this policy and its transfer to other countries.
Institutional Arrangements for Conservation, Development and Tourism in Eastern and Southern Africa : A Dynamic Perspective
Duim, V.R. van der; Lamers, M.A.J. ; Wijk, J.J. van - \ 2015
Dordrecht : Springer Science - ISBN 9789401795296 - 265
geografie - milieu - sociale wetenschappen - recht - toerisme - geography - environment - social sciences - law - tourism
This book describes and analyzes six novel conservation arrangements in eastern and southern Africa, illustrating how tourism is increasingly used and promoted as a key mechanism for achieving conservation and development objectives outside state-protected areas.
Transboundary water justice: a combined reading of literature on critical transboundary water interaction and "justice", for analysis and diplomacy
Zeitoun, M. ; Warner, J.F. ; Mirumachi, N. ; Matthews, N. ; McLaughlin, K. - \ 2014
Water Policy 16 (2014)S2. - ISSN 1366-7017 - p. 174 - 193.
global environmental justice - hydro-hegemony - south-africa - nile basin - power - management - allocation - equity - law - hydrosolidarity
By reviewing and blending two main bodies of research (critical transboundary water interaction analysis and centuries of thought on social justice) this paper seeks to improve international transboundary water interaction analysis and diplomacy. Various implications for transboundary analysis and diplomacy are grouped under themes of equitability, process/outcomes, and structural concerns. These include shortcomings of analysis and policy based on unfounded assumptions of equality, and options excluded from consideration by the legitimisation of particular concepts of justice over others. As power asymmetry is seen to enable or disable justice claims and conflict resolution efforts, the importance of ensuring equitable outcomes as a pre-condition for cooperation is asserted. Similarly, water conflict resolution is found to be more fair – procedurally – than is conflict management, and may be supported to a limited extent by international water law. A number of analytical tasks are suggested for future research and policy, including a call to scrutinise the source of legitimacy of strands of justice invoked. Given the very many perspectives on justice that exist in the network of relevant actors, potential bias in research and diplomacy could be reduced if all involved openly stated the morals underpinning their understanding of ‘justice’.
Environmental sustainability and legal plurality in irrigation: the Balinese subak
Roth, D. - \ 2014
Current Opinion in Environmental Sustainability 11 (2014)Sp. issue. - ISSN 1877-3435 - p. 1 - 9.
indonesia - law - perspectives - communities - management - reform - adat
This paper reviews the literature on subak irrigators’ institutions on the Indonesian island of Bali, with special reference to legal plurality and environmental sustainability. The subak is well known in irrigation studies as a strong and effective institution. Therefore it is relevant to investigate it under conditions of change. The growth of tourism and other developments have put Balinese irrigated agriculture under severe environmental pressures. In this paper I argue that, in response to these pressures, new forms of governing irrigated landscapes, notions of social-environmental harmony and sustainability, and ways of shaping farmer behaviour are emerging. These changes entail new forms of legal plurality, both localizing and globalizing, and new framings of ‘tradition’ and ‘local knowledge’ in relation to social-environmental problems. Finally, they involve contestations between normative and legal repertoires and discourses that transcend ‘water governance’ and cannot be reduced to ‘systemic’ typologies of legal plurality.
Varieties of European Economic Law and Regulation : Liber Amicorum for Hans Micklitz
Purnhagen, K. ; Rott, P. - \ 2014
Cham : Springer (Studies in European Economic Law and Regulation 3) - ISBN 9783319049038 - 892
internationaal recht - recht - economie - regulatie - politicologie - publiek recht - burgerlijk recht - privaatrecht - europese unie - Europa - international law - law - economics - regulation - political science - public law - civil law - private law - european union - Europe
This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.
Fiscale faciliteiten agrosector : werking en effecten
Silvis, H.J. ; Veen, H. van der; Voskuilen, M.J. ; Galen, M.A. van; Luijt, J. ; Meulen, H.A.B. van der; Silvis, F. ; Velden, N.J.A. van der - \ 2014
Den Haag : LEI Wageningen UR (Den Haag 14-060) - 39
agrarische economie - landbouwsector - recht - grondbelasting - omzetbelasting - landbouwgrond - evaluatie - nederland - agricultural economics - agricultural sector - law - land tax - sales tax - agricultural land - evaluation - netherlands
Het Interdepartementale Beleidsonderzoek (IBO) Agrosector heeft behoefte aan inzicht in de werking van de fiscale faciliteiten voor de agrosector en in de effecten van mogelijke aanpassingen daarvan. Doelstelling van dit project is om de IBO-werkgroep Agrosector inzicht te bieden in de effecten van het draaien aan knoppen van de fiscale regelingen, met name het afschaffen ervan. Door dit inzicht is de werkgroep beter in staat om onderbouwde beleidsaanbevelingen te doen.
Towards a European Legal Culture
Helleringer, G. ; Purnhagen, K. - \ 2014
Baden Baden : C.H. Beck Hart Nomos - ISBN 9783832971953 - 395
recht - wetgeving - harmonisatie - cultuur - europese unie - europa - law - legislation - harmonization - culture - european union - europe
European harmonization efforts - such as a European civil code, European constitutional treaties, European principles, and European fundamental rights - are frequently criticized for building on or creating a European legal culture that does not exist. In reality, what we have is European legal pluralism. Some have argued that the pluralistic structure of European law hinders the development of a community, which is a necessary requirement for a European legal culture. And, if there can be no common European legal culture, then there is no basis for harmonizing exercises. The contributors to this book explore whether, in fact, the contrary is true. Cultural pluralism might indeed be a distinctive feature of European legal culture. Diversity is not something that is in opposition to a European legal culture, but rather constitutes a new, different understanding of it. The book demonstrates in detail how such an approach - inter alia in the areas of private, corporate, administrative, and constitutional law - furthers the understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective.
Compulsory purchase for biodiversity conservation in the Netherlands
Straalen, F.M. van; Korthals Altes, W.K. - \ 2014
Land Use Policy 38 (2014). - ISSN 0264-8377 - p. 223 - 232.
land market - policy - plan - law
Policy instruments are the building blocks of land use policies. Instrumentation of policies relates to values. Compulsory purchase is a direct government instrument that may be an effective way to implement policies of biodiversity conservation and the allocation of land for recreational use. It is, however, in many contexts, politically controversial. The Netherlands’ Government has endorsed policies that involve compulsory purchase in up to 10% of land purchases. This paper reviews if this 10%-ceiling can structure relationships between landowners and government agencies in such a way that it relieves constraints imposed by land availability for biodiversity conservation and the provision of recreational areas. The analysis consists of (1) the background of this 10%-ceiling, (2) the actual procedures of compulsory purchase, by analysis of Royal Decrees, (3) the actual compulsory purchases, and (4) the indirect instrumental effects of the use of this instrument. The paper concludes that the 10%-ceiling does not lift the constraints of land availability, but does influence the relationship between stakeholders, the implementation of biodiversity objectives, and land policy strategies. Nevertheless, compulsory purchase may provide possibilities to acquire land necessary for a consolidated natural area.
Institutions and Bank Performance; A Stochastic Frontier Analysis
Lensink, B.W. ; Meesters, A. - \ 2014
Oxford Bulletin of Economics and Statistics 76 (2014)1. - ISSN 0305-9049 - p. 67 - 92.
spanish savings banks - financial institutions - economic-development - efficiency - growth - deregulation - law - intermediation - heterogeneity - endowments
This article investigates the impact of institutions on bank efficiency and technology, using a stochastic frontier analysis of a data set of 7,959 banks across 136 countries over 10 years. The results confirm the importance of well-developed institutions for the efficient operation of commercial banks. Furthermore, the insights reveal the impact of institutional reforms in improving bank efficiency. The results are robust to adjustments in country-specific effects, achieved by including country dummies, as well as across different risk profiles. Moreover, they provide empirical evidence in support of the public view of the banking sector.
The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration
Purnhagen, K. - \ 2013
Dordrecht : Springer (Ius Gentium: Comparative Perspectives on Law and Justice 26) - ISBN 9789400765436 - 257
recht - Europa - filosofie - internationaal recht - privaatrecht - law - Europe - philosophy - international law - private law
This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
Aguas Robadas: despojo hídrico y movilización social
Arroyo, A. ; Boelens, R.A. - \ 2013
Quito : Instituto de Estudios Peruanos (IEP) (Agua y sociedad : Sección justicia hídrica 19) - ISBN 9789942091543 - 391
waterbeheer - waterbeleid - recht - waterrechten - politieke bewegingen - duurzame ontwikkeling - justitie - wetgeving - latijns-amerika - ontwikkelingslanden - wereld - water management - water policy - law - water rights - political movements - sustainable development - justice - legislation - latin america - developing countries - world
Legitimacy in an era of fragmentation: the case of global climate governance
Karlsson-Vinkhuyzen, S.I.S.E. ; McGee, J. - \ 2013
Global Environmental Politics 13 (2013)3. - ISSN 1526-3800 - p. 56 - 78.
civil-society - framework - accountability - democracy - law
Studies grounded in regime theory have examined the effectiveness of “minilateral” climate change forums that have emerged outside of the UN climate process. However, there are no detailed studies of the legitimacy of these forums or of the impacts of their legitimacy on effectiveness and governance potential. Adopting the lens of legitimacy, we analyze the reasons for the formation of minilateral climate change forums and their recent role in global climate governance. We use Karlsson-Vinkhuyzen and Vihma's analytical framework for international institutions to examine three minilateral climate forums: the Asia-Pacific Partnership, the Major Economies Meetings, and the G8 climate process. These forums have significant deficits in their source-based, process-based, and outcome-based legitimacy, particularly when compared to the United Nations Framework Convention on Climate Change. If assessed purely on grounds of effectiveness, the minilateral forums might be easily dismissed as peripheral to the UN climate process. However, they play important roles by providing sites for powerful countries to shape the assumptions and expectations of global climate governance. Thus, the observed institutional fragmentation allows key states to use minilateral forums to shape the architecture of global climate governance.
Functiecombinaties in het buitengebied : juridische knelpunten en oplossingsrichtingen
Kistenkas, F.H. - \ 2013
Utrecht : InnovatieNetwerk - 31
landgebruik - duurzaamheid (sustainability) - ecosysteemdiensten - gebiedsontwikkeling - recht - Nederland - land use - sustainability - ecosystem services - area development - law - Netherlands
Voor duurzame gebiedsontwikkeling is een balans van planet, people, profit (3P) nodig. Daarvoor heeft men weging als rechtsvindingsmethodiek nodig. Daarbij zouden ecosysteemdiensten behulpzaam kunnen zijn. Deze kunnen leiden tot duurzame functiecombinaties in het buitengebied, wat dan weer duurzame gebiedsontwikkeling garandeert. Ontbreekt een van deze schakels, dan riskeert men planologische monoculturen en enkelvoudig ruimtegebruik. Momenteel ontbreekt weging als schakel. In het groene omgevingsrecht is de sectorale toetsing nog steeds het uitgangspunt.
“My forest, my kingdom”—Self-referentiality as a strategy in the case of small forest owners coping with government regulations
Herzele, A. Van; Aarts, N. - \ 2013
Policy Sciences 46 (2013)1. - ISSN 0032-2687 - p. 63 - 81.
cross-boundary cooperation - management - policy - conversations - autopoiesis - conflict - law
Social research that informs the implementation of natural resource policies is frequently driven by the logic of the policy system itself. A prevailing concern with achieving policy outcomes can lead, however, to lack of attention to equally important aspects, for example the challenges the policy instruments present to those they are targeting and the consequences this might have for government–citizen relationships. To help guide research into these issues we have developed a situational–interactional approach to interpretive policy analysis that seeks to examine the processes involved when people collectively make sense of government instruments. The theoretical basis is provided to a large extent by Luhmann’s theory of self-referential social systems. In addition, we operationalise the concepts of interactional framing and resemiotisation to capture the active work of the citizens in sense-making processes. We then apply our situational–interactional analysis to small-scale forest ownership in Flanders. Analysis of data from focus groups with forest owners reveals how interactions build on each other in the co-development of particular strategies to cope with government intervention. Finally, we discuss two future directions for research. First, the forest owners find themselves in an inescapable relationship with the government, and feel their autonomy is threatened. Government intervention, therefore, will almost necessarily lead to resistance. Second, forest groups enhance compatibility between the government system and the forest owners, but rather than narrowing the gap between the two worlds they tend to emphasise it.
Analytical standards for the measurement of nutrients in infant formula : macronutrients, minerals, carnitine, taurine and nucleotides
Capuano, E. ; Alewijn, M. ; Ruth, S.M. van; Verkaik-Kloosterman, J. - \ 2012
Wageningen : RIKILT Wageningen UR (Report / RIKILT Wageningen UR 2012.019) - 54
flesvoedingsamenstelling - analytische methoden - globale analyse - macronutriënten - mineralen - taurine - carnitine - nucleotiden - voedingsstoffenbehoeften - recht - infant formulae - analytical methods - proximate analysis - macronutrients - minerals - nucleotides - nutrient requirements - law
Adequate methods with known performance characteristics for the assessment of the concentration of nutrients in infant and follow-on formula (referred to as "formula") are essential in the evaluation whether the composition deviates from the compositional provisions as laid down by law. Many standardized analytical methods for the analysis of nutrients in infant formula are internationally available.
Bedrijfsovername in de multifunctionele landbouw ; juridische en fiscale consequenties van diverse rechtsvormen
Stokkers, R. ; Meulen, H.A.B. van der; Dekking, A.J.G. - \ 2012
Lelystad : PPO AGV (PPO 521) - 42
multifunctionele landbouw - bedrijfsopvolging in de landbouw - eigendomsoverdrachten - recht - Nederland - multifunctional agriculture - farm succession - property transfers - law - Netherlands
Bedrijfsovername in de multifunctionele landbouw is een betrekkelijk nieuw fenomeen, omdat veel bedrijven pas één generatie geleden zijn gestart. De overname van een multifunctionele landbouwbedrijf is anders dan die van een gangbaar landbouwbedrijf, omdat er meer takken zijn en vaak ook meerdere opvolgers binnen één onderneming. Daardoor is over dit onderwerp nog weinig kennis beschikbaar, niet alleen bij de bedrijfsopvolgers en, maar ook bij hun accountants en bedrijfsadviseurs. Junior Waardewerken is een innovatienetwerk van 16 jonge multifunctionele ondernemers. De deelnemers aan dit netwerk hebben allemaal de ambitie om op termijn het bedrijf van hun ouders over te nemen. Zij willen daartoe hun kennis over bedrijfsovername in de multifunctionele landbouw vergroten en tevens toegankelijk maken voor toekomstige bedrijfsopvolgers. Dit naslagwerk is geschreven om de bekendheid van (toekomstige) multifunctionele ondernemers en hun adviseurs met de beschikbare rechtsvormen voor agrarische bedrijven te vergroten. Het schenkt aandacht aan de juridische en fiscale consequenties van de diverse ondernemingsvormen bij een normale bedrijfsvoering en bij bedrijfsoverdracht. De theorie wordt geïllustreerd met enkele rekenvoorbeelden voor de multifunctionele landbouw. De informatie kan worden gebruikt voor een goed keuze van de organisatie en rechtsvorm, die rekening houdt met de belangen van zowel bedrijfsverlaters als –opvolgers.
Roadmap to EU food law
Scholten-Verheijen, I. ; Appelhof, T. ; Heuvel, T. van den; Meulen, B.M.J. van der - \ 2011
Den Haag : Eleven International Publishing (1 ) - ISBN 9789490947262 - 200
voedingsmiddelenwetgeving - voedsel - regelingen - eu regelingen - recht - beleid inzake voedsel - europese unie - food legislation - food - regulations - eu regulations - law - food policy - european union
International food law is largely a meta-framework, providing models and setting limits to the way states and other entities, such as the European Union, regulate the food sector. The Codex Alimentarius plays a central role at the international level. European law comprises a mix of rules. The core of European food law can be found in a Regulation best known as the 'General Food Law' Regulation. An increasing number of EU Regulations applicable in this field directly address consumers and businesses in the same way national legislation does. In addition, there are EU directives requiring Member States to include harmonized provisions in their national legal system. The private sector has formulated schemes consisting of private standards that are embedded in certification procedures. These schemes are based on EU legislation taking it beyond the borders of the EU, elaborating it in more detail, or simply ensuring compliance. Some schemes are based on international models. This book provides a roadmap of the law applicable to the food sector in the EU. The roadmap provides an overview of the structure and content of food law in such a way that it is clear which rules are applicable.
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