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Responding to the Global Food Fraud Crisis 应对全球食品欺诈危机
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0012
G. Dutfield, U. Suthersanen
This chapter concerns food fraud, including what it is, what is being done to counter it, and what we might do to counter it better. The concept of food fraud has tended to be overshadowed by other food-related terms like food security and food safety. Nowadays, food inauthenticity is not just about the content of what we are eating. The ways that food can be inauthentic has increased, encompassing where it comes from and how it is produced. The more information a product carries, the greater the opportunities for deceit. Non-product-related production and process methods are of as much interest to many consumers as what they are made of, as is product origin. We claim that geographical indications (GI) as signs promoting club goods may be helpful as a means of countering certain forms of food fraud, and as such forms one of this chapter’s original contributions to the food fraud literature. Although GI-protected products like Champagne and Scotch whisky are of course traded around the world, the way that they exalt localness and non-industrial production may be important in the present context. One socio-economic matter requiring further reflection is that quality and authenticity indicators, even as their usage expands, still tend to be associated with niche products and those that are more than averagely expensive. However, in the long term, a turn to localism, which GIs represent and promote, will most likely benefit all consumers, rich and poor.
这一章涉及食品欺诈,包括它是什么,正在采取什么措施来打击它,以及我们可以做些什么来更好地打击它。食品欺诈的概念往往被食品安全和食品安全等其他与食品相关的术语所掩盖。如今,食物的不真实性不仅仅与我们所吃的食物有关。食物不真实的方式越来越多,包括它的来源和生产方式。一个产品携带的信息越多,欺骗的机会就越大。对于许多消费者来说,与产品无关的生产和加工方法与它们的制造材料和产品来源一样重要。我们声称,地理标志(GI)作为宣传俱乐部商品的标志,可能有助于作为打击某些形式的食品欺诈的手段,并且作为这种形式,本章对食品欺诈文献的原始贡献之一。虽然受地理标志保护的产品,如香槟和苏格兰威士忌,当然在世界各地进行交易,但在当前背景下,它们推崇地方和非工业生产的方式可能很重要。需要进一步考虑的一个社会经济问题是,质量和真实性指标,即使其使用范围扩大,仍然倾向于与利基产品和那些高于平均价格的产品联系在一起。然而,从长远来看,地理标志所代表和促进的向地方主义的转变很可能使所有消费者受益,无论贫富。
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引用次数: 0
Introductory Note 介绍性的注意
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0040
Antonio Tizzano
The introductory note describes the main developments of 2019 with regard to the functioning and the organization of the Court of Justice of the European Union, as well as to its case law. The Court of Justice and the General Court were confronted with many delicate legal questions pertaining to all aspects of EU law. Amongst others, the EU courts had to address issues raised by the threats to values inherent in the rule of law, by the increasing interferences with fundamental rights, such as the right to privacy, and by the so-called “migration crisis.” The introductory note provides an overview of the most important judgments that were delivered in 2019, in an array of legal domains, including the rules on the relationship between member states and EU institutions, rights and obligations of third country migrants, fundamental rights, rules of competition and state aid, data protection, and external relations of the European Union.
介绍性说明描述了2019年欧盟法院的运作和组织及其判例法方面的主要发展。法院和普通法院面临着许多微妙的法律问题,涉及欧盟法律的各个方面。在其他方面,欧盟法院必须处理以下问题:对法治固有价值的威胁,对隐私权等基本权利的日益干涉,以及所谓的“移民危机”。导言概述了2019年在一系列法律领域做出的最重要判决,包括成员国与欧盟机构之间关系的规则、第三国移民的权利和义务、基本权利、竞争和国家援助规则、数据保护以及欧盟的对外关系。
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引用次数: 0
The Unresolved Struggle for International Criminal Accountability 争取国际刑事责任的斗争尚未解决
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0002
R. Falk
This chapter rejects the view that the anti-aggression norm affirmed by the Pact of Paris, the Nuremberg Judgment, and the UN Charter “remade the world” in a manner that reduced the relevance of intergovernmental wars to the conduct of international relations. It argues that geopolitical primacy of dominant states persists, which has rendered impotent the anti-aggression norm, and related efforts to impose individual criminal accountability in war/peace contexts. The unfortunate result is that international warfare has remained integral to the Westphalian framework of world order. For this reason, the anti-aggression norm has not had a transformative impact, but has led to a variety of accommodating developments, such as “impunity,” “victor’s justice,” and “double standards.” Only transnational civil society initiatives, such as peoples’ tribunals, take the anti-aggression norm and the guidance of the Nuremberg Principles in a manner that aspires to remake the world. Such a dramatic overcoming of war seems to depend on a movement from below, not reforms from above by governments or through the United Nations.
本章反对《巴黎条约》、《纽伦堡审判》和《联合国宪章》所确认的反侵略准则以一种降低政府间战争对国际关系行为的相关性的方式“重塑了世界”的观点。它认为,主导国家的地缘政治首要地位仍然存在,这使得反侵略规范以及在战争/和平背景下施加个人犯罪责任的相关努力变得无能为力。不幸的结果是,国际战争仍然是威斯特伐利亚世界秩序框架的组成部分。因此,反侵略准则并没有产生变革性的影响,反而导致了“有罪不罚”、“胜利者的正义”和“双重标准”等各种顺应性的发展。只有诸如人民法庭之类的跨国民间社会倡议,才能以一种渴望改造世界的方式采取反侵略准则和纽伦堡原则的指导。如此戏剧性的战胜战争似乎依赖于自下而上的运动,而不是政府或联合国自上而下的改革。
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引用次数: 0
From Integration Through Law to Global Community Law? 从法律整合到全球共同体法?
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0003
E. Petersmann
Claims of “judicial overreach” currently disrupt the World Trade Organization (WTO), investor-state arbitration, and multilevel judicial governance in the European Union. Section II discusses the postwar evolution from the neo-liberal “Washington consensus” to the ordo-liberal “Geneva consensus” promoting global human rights, multilateral trading systems and transnational rule of law based on UN/WTO law. The neoliberal US assault on WTO law and adjudication (discussed in Section III) and China’s totalitarian state-capitalism (Section IV) challenge multilateral treaty systems and related adjudication protecting global public goods. The claims of “judicial overreach” in multilateral trade, investment and European adjudication (discussed in Section V) reveal systemic conflicts among regulatory and judicial approaches. Section VI concludes that EU law requires defending the “constitutional functions” of ordo-liberal integration law through EU leadership for plurilateral WTO reforms; economic, environmental, and human rights litigation in Europe confirm the need for participatory governance in multilevel legal and judicial protection of the UN/WTO sustainable development goals.
“司法越权”的主张目前扰乱了世界贸易组织(WTO)、投资者-国家仲裁和欧盟的多层次司法治理。第二节讨论了战后从新自由主义的“华盛顿共识”到以联合国/世贸组织法为基础促进全球人权、多边贸易体制和跨国法治的秩序自由主义的“日内瓦共识”的演变。新自由主义的美国对WTO法律和裁决的攻击(在第三节讨论)和中国的极权主义国家资本主义(在第四节讨论)挑战了保护全球公共产品的多边条约体系和相关裁决。多边贸易、投资和欧洲裁决中的“司法越权”主张(在第五节中讨论)揭示了监管和司法方法之间的系统性冲突。第六节得出结论,欧盟法律要求通过欧盟对WTO诸边改革的领导来捍卫自由主义一体化法的“宪法功能”;欧洲的经济、环境和人权诉讼确认了在联合国/世贸组织可持续发展目标的多层次法律和司法保护中参与式治理的必要性。
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引用次数: 0
Introductory Note 介绍性的注意
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0026
J. Gomuła
In 2019 WTO panel and Appellate Body reports were adopted in ten disputes. They involved an unusually broad scope of WTO agreements, going well beyond the “usual” challenges to trade remedy measures. One of the highlights in 2019 was the conclusion of the long-lasting tuna/dolphin dispute, with the United States being deemed to having fully implemented the original rulings by modifying its “dolphin safe” labelling scheme. The other compliance proceedings, both relating to the SCM Agreement, were not as successful, with unresolved issues remaining: the implementation by the United States of the Boeing subsidies rulings and the still murky boundaries for a state-owned company to become a “public body.” The 2019 disputes also involved the WTO consistency of sanitary measures taken by Korea in the aftermath of the Fukushima power plant disaster, a seven-programme tax regime adopted by Brazil, and transit restrictions adopted by Russia for national security reasons. The latter was the first WTO dispute dealing with Article XXI of GATT 1994. Although 2019 was an active year in terms of adopted Appellate Body reports, at the end of the year the composition of the Appellate Body was reduced to one member only.
2019年,世贸组织专家组和上诉机构在10起争端中通过了报告。它们涉及的WTO协议范围异常广泛,远远超出了对贸易救济措施的“通常”挑战。2019年的亮点之一是旷日持久的金枪鱼/海豚争端的结束,美国被认为通过修改其“海豚安全”标签计划,全面执行了最初的裁决。其他与SCM协议有关的合规程序没有那么成功,仍然存在未解决的问题:美国对波音补贴裁决的实施,以及国有公司成为“公共机构”的界限仍然模糊。2019年的争端还涉及韩国在福岛核电站灾难后采取的卫生措施的世贸组织一致性,巴西采用的七项税收制度,以及俄罗斯出于国家安全原因采取的过境限制。后者是WTO第一个涉及关贸总协定第21条的争端。尽管就通过的上诉机构报告而言,2019年是活跃的一年,但到年底,上诉机构的组成减少到只有一名成员。
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引用次数: 0
Working on a Right to Health for the Digital Era 致力于数字时代的健康权
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0006
C. Botrugno
Contemporary healthcare systems are going through the digital turn, i.e., the progressive incorporation of information and communication technologies to improve the quality and increase the efficiency of healthcare. Despite the flourishing of research in this field, just a small number of studies have shed light on the most relevant legal issues posed by the implementation of digital services in healthcare. This literature shows a predilection for some issues among which data protection, confidentiality, licensure, and liability. What is missing is a more comprehensive reflection that may help to assess the overall impact of digitalisation on the right to health, ranging from the emergence of new rights to the reconfiguration of existing ones. This chapter is an attempt to contribute to the aforementioned reflection, which is deemed fundamental in order to protect disadvantaged groups, and to ensure effectiveness of both emerging and existing entitlements conventionally considered as part of an individual’s right to health.
当代医疗保健系统正在经历数字化转型,即信息和通信技术的逐步结合,以提高医疗保健的质量和效率。尽管这一领域的研究蓬勃发展,但只有少数研究揭示了在医疗保健中实施数字服务所带来的最相关的法律问题。这些文献显示了对数据保护、机密性、许可和责任等问题的偏好。缺少的是一种更全面的反思,这种反思可能有助于评估数字化对健康权的总体影响,从新权利的出现到现有权利的重新配置。本章试图促进上述反思,这被认为是至关重要的,以便保护弱势群体,并确保传统上被视为个人健康权一部分的新出现的和现有的权利的有效性。
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引用次数: 0
Globalization and Post–COVID-19 Public Health Order 全球化与后疫情公共卫生秩序
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0013
Guiguo Wang
The outburst and rapid worldwide spread of the COVID-19 pandemic have become the single greatest challenges to humankind today. The adverse impact of the pandemic on the world economy and social order raises the question of whether the existing international public health order is capable of meeting the needs of humankind facing serious infectious diseases like the COVID-19 pandemic. The WHO-led international public health order was formulated at the end of the Second World War and reflected the culture, tradition, and perception of security of Western countries. Stimulated by the process of globalization, national states’ perception of sovereignty, human rights, and interdependence has undergone profound changes. By the very nature of public health, it is closely related to trade and intellectual property, which encouraged and enabled the World Health Organization, the World Trade Organization, and the World Intellectual Property Organization to cooperate closely. Hand in hand with the ever deepening of globalization, public health has become a genuine and important international issue drawing collaboration of many international organizations and ad hoc bodies such as the G20. “There are sure to be bad years following the movement of great armies.” The current international public health order has revealed certain weaknesses and shortcomings that require actions. The system is bound to be reviewed and reformed, which must take into account the interests, cultures, and traditions of the developing countries in the context of global collaboration.
2019冠状病毒病(COVID-19)大流行在全球的爆发和迅速蔓延,已成为当今人类面临的最大挑战。疫情对世界经济和社会秩序造成的不利影响,令人质疑现有国际公共卫生秩序能否满足人类面对新冠肺炎等严重传染病的需求。世界卫生组织主导的国际公共卫生秩序是在第二次世界大战结束时制定的,反映了西方国家的文化、传统和安全观。在全球化进程的刺激下,民族国家对主权、人权和相互依存的看法发生了深刻的变化。就公共卫生的性质而言,它与贸易和知识产权密切相关,这鼓励并使世界卫生组织、世界贸易组织和世界知识产权组织能够密切合作。随着全球化的不断深入,公共卫生已成为一个真正重要的国际问题,许多国际组织和二十国集团等特设机构都在开展合作。“大军调动之后,肯定会有糟糕的年份。”目前的国际公共卫生秩序暴露出某些弱点和缺点,需要采取行动。这一制度必须加以审查和改革,它必须在全球合作的背景下考虑到发展中国家的利益、文化和传统。
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引用次数: 0
Facing the Crisis of Global Governance—GCYILJ’s Twentieth Anniversary at the Intersection of Continuity and Dynamic Progress 面对全球治理危机——gcyilj成立20周年,在连续性与动态进步的交汇处
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0001
Giuliana Ziccardi Capaldo
The twentieth anniversary of the Global Community Yearbook of International Law and Jurisprudence is a cause for celebration. This editorial introduction traces the history of the Yearbook from its debut in 2001 and its subsequent evolution to the present day. A presentation of the Yearbook’s intellectual trajectory, as developed from its original roots, shows important differences across time but also intriguing prospects for an annual publication that aims for relevancy and impact at the very forefront of events in law, politics, ethics, and jurisprudence in a global society. Our anniversary is a time to reflect on how the Yearbook and its interdisciplinary context have developed in synergy by looking back at some of the changes we made and, at the same time, to strategize for the future. In particular, we plan to shift the focus in response to the unfortunate conjuncture of the current crisis in global governance, the decline of global organizations, and the revival of nationalism.
《国际法和法理学全球社区年鉴》出版二十周年值得庆祝。这篇社论的介绍追溯了《年鉴》的历史,从2001年首次出版到后来的演变到今天。对《年鉴》思想轨迹的介绍,从其最初的根源发展而来,显示了不同时期的重要差异,但也显示了一个引人入胜的前景,即作为一份年度出版物,旨在在全球社会中法律、政治、伦理和法理学事件的最前沿发挥相关性和影响力。我们的周年纪念是一个反思年鉴及其跨学科背景如何协同发展的时刻,回顾我们所做的一些变化,同时为未来制定战略。特别是,我们计划将重点转移到当前全球治理危机、全球组织衰落和民族主义复兴的不幸关头。
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引用次数: 0
Introductory Note 介绍性的注意
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0079
F. Seatzu
In 2019, the international administrative tribunals saw a number of significant developments in their handling of complex and perennial issues. Reference is made in this chapter, in particular, to the Nasir and the L. (No. 6) cases, where, respectively, the UN Dispute Tribunal and the Administrative Tribunal of the International Labour Organization delivered two noteworthy judgments on procedural and substantive issues of primary importance such as the doctrine of acquired (or vested) rights and the doctrine of res judicata. In the FC case, a decision was handed down by the World Bank Administrative Tribunal (WABT), which addressed issues involving the standards and burden of proof indispensable for ascertaining the existence of sexual harassment at the workplace. Here the WABT took a novel and more “guarantistic” approach for the applicant’s role and interests when it stated that “[i]n cases of sexual harassment where direct evidence is difficult to obtain, circumstantial evidence such as accounts to third parties at the time of the events in question becomes especially important.”
2019年,国际行政法庭在处理复杂和长期问题方面取得了一些重大进展。本章特别提到了Nasir案和L.(第6号)案,在这两起案件中,联合国争端法庭和国际劳工组织行政法庭分别就程序和实质性问题作出了两项值得注意的判决,这些问题至关重要,如既得(或既得)权利原则和既得权原则。在金融委员会案件中,世界银行行政法庭(WABT)作出了一项决定,其中涉及确定工作场所存在性骚扰所必需的标准和举证责任问题。在这里,WABT对申请人的角色和利益采取了一种新颖的、更“保证”的方法,它指出:“在难以获得直接证据的性骚扰案件中,间接证据,如在有关事件发生时对第三方的描述,变得尤为重要。”
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引用次数: 0
Appendix of the Part—Topics Covered in the Previous Issues (2008–2019) 前几期(2008-2019)涵盖的主题的附录
Pub Date : 2021-12-31 DOI: 10.1093/oso/9780197618721.003.0015
Giuliana Ziccardi Capaldo
Beginning with the 2008 issue, the Yearbook includes this part that aims to explore the emerging global policies (and the norms implementing them) in various sectors of public activity and their increasing importance in building a global law. Our goal is to cover the majority of areas of public activity most affected by global policies and to group under various headings homogeneous contributions to give an overall picture of the development of global law....
从2008年开始,《年鉴》包括这一部分,旨在探讨在公共活动的各个部门中出现的全球政策(以及实施这些政策的规范)及其在建立全球法律方面日益重要的意义。我们的目标是涵盖受全球政策影响最大的公共活动的大多数领域,并在各种标题下对同类贡献进行分组,以提供全球法发展的总体情况....
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引用次数: 0
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The Global Community Yearbook of International Law and Jurisprudence 2020
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