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Image header Agence Europe
Europe Daily Bulletin No. 9045
Contents Publication in full By article 42 / 43
WEEKLY SUPPLEMENT / European library

N° 657

*** GAELLE BOSSIS: La sécurité sanitaire des aliments en droit international et communautaire. Rapports croisés et perspectives d'harmonisation. Etablissements Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129842 - Fax: 5119477 - E-mail: isabelle@bruylant.be - Internet: http://www.bruylant.be ). "Travaux du Ceric" series. 2005, 572 pp, €90. ISBN 2-8027-2105-4.

Can there be a universal concept of 'healthy food' in a world where everything commercial has become the rule? On what basis can one say that opening markets is damaging to safe and healthy food? To what extent can abiding by international commitments made by a country under the World Trade Organisation go hand-in-hand with implementing appropriate food policy or, to be more precise, what latitude do the new international rules give countries to express, through cultural preference, the right to have different food? These questions criss-cross this highly remarkable economic and legal book. Gaëlle Bossis rightly deserves her prize of Best Thesis for 2005 from the 'Association Française de Droit de l'Environnement' for this book!

Comparing the European Union's food legislation with the WTO system, Gaëlle Bossis makes an in-depth study of how international and EU trade interacts with protecting food safety, in other words the positive and negative impact that trade can have on protecting safe food (and vice versa). While this interaction goes as far back in time as trade itself, we have only recently become aware of it, in connection with the acceleration of the degree to which trade and food interact and the coverage of it in the media. Obstacles to free trade in food through national and regional (EU) protection measures, or even bans, on threats to food safety, like the EU embargo of hormones in beef, seem incompatible with free trade. The (largely broken) moratorium on genetically modified organisms demonstrate how urgent and of the minute this issue is. Two ideas dominate in the author's arguments. Firstly, she attempts to demonstrate the different approaches taken by the EU and the WTO with regard to food safety. On the one hand, she explains, the EU recommends that protecting the health of individuals should take precedence over the free circulation of goods and, to ensure the safety of food, it takes all relevant factors into account when making decisions about food risks, including a very parsimonious use of non-scientific factors. On the other hand, the WTO uses scientific expertise as the only relevant factor. Given the expanding role of the WTO and the regular intervention of its dispute-settlement body, the author describes free trade gradually being installed as a principle and food safety as no more than an exception. Can the paradigms incarnated by the WTO and EU exist peacefully side by side? In the current situation, no they cannot. Based on an analysis of texts structuring the two legal systems, along with comments about the controversial issues at international and Community level, free circulation of food and restrictive trade measures to protect health, Gaëlle Bossis demonstrates in the most convincing manner the contradictory and virtually conflicting nature of the two concepts, or paradigms, in question, along with resemblances in the methods used.

The second big idea in the book concerns a method described as allowing better harmonisation of essential values for global well-being. In the author's view, this would not be standardisation but rather better understanding of the methods and practices used by different countries and organisations in order to develop a kind of common language and try to reach agreement on risk analysis based on objective reasoning. As Prof. Stéphane Doumbé-Billé (Jean Moulin University, Lyon III) explains in the lively preface, her analysis here is unchallengably innovative on two fronts. First, the author introduces into the international and EU legal domain, in the form of a generalisation, the scientific and technical dimension involved in the notion of health risk, previously restricted to specialist aspects of health protection and the environment. Secondly, she helps breathe new life into the dialectic of means and ends, for an issue that is as new as it is sensitive. Prof. Doumbé-Billé writes that for this reason, we should welcome the serious intellectual effort that has gone into the book and the author's explanation of how, from the legal and technical viewpoint, a protection model for our times can be constructed.

Michel Theys

*** MARIA LEE: EU Environmental Law. Challenges, Change and Decision-Making. Hart Publishing (Salters Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB, UK. Tel: (44-1865) 245533 - Fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http: //http://www.hartpub.co.uk ). "Modern Studies in European Law", No. 6. 2005, 275 pp. ISBN 1-84113-410-4.

Senior Lecturer at King's College London, Maria Lee invites readers of her very detailed (virtually exhaustive) book to take a learned dip into the swirling waters of the challenges facing European environmental decision-making. Environmental protection only really hit the political agenda in the early 1970s, but it has been constantly rising up the hierarchy of political concerns ever since. This development has caused its share of tension and resistance and the author attempts to take its pulse by looking at three challenges that run through her book - the democratic challenge (challenging the legitimacy of environmental law and also the legitimacy of the European Union and its institutions), the challenge arising from the market and, finally, the challenge of the gulf observed in implementing decisions.

Maria Lee looks in the first chapter at the genesis of the EU's environmental policy, 'born of the single market' based on economic foundations. She then looks at the gradual and irresistible rise of the idea of sustainable development following the "Brundtland Report", before turning to the reasons underlying the Member States' EU environment law 'implementation deficit'. In the fourth chapter, she looks at the big issue of the politicisation of risk highlighted by scandals like mad cow disease and biotechnology. In this connection, she points out that the politicisation of risk has been favoured by improved understanding of the uncertainty of science, which has even led in the EU to the introduction of the precautionary principle. Maria Lee argues that 'the prioritisation in World Trade Organisation rules of scientific and technical 'facts' could have a problematic impact on EU efforts to allow the precautionary policy to be used in managing risks'. She then looks at public participation in the EU's environment decision-making process and the way the environmental decision-making process is controlled within Member States, and weighs up the relevance and effectiveness of certain market instruments like minimum taxation of certain energy products and electricity; greenhouse gas emission measures; the environmental liability directive; and Green Consumerism. The last two chapters look at areas that acutely illustrate several of the challenges facing EU environment law, namely waste management and genetically modified organisms. This useful reference book also includes various conclusions.

(PBo)

*** KATHARINA HOLZINGER, CHRISTOPH KNILL: Competition, Cooperation and Communication. A Theoretical Analysis of Different Sources of Environmental Policy Convergence and Their Interaction. Institut für Höhere Studien (56 Stumpergasse, A-1060 Vienna, Austria. Tel: (43-1) 59991-0 - Fax: 59991-555 - Internet: http://www.ihs.ac.at ). "Reihe Politikwissenschaft - Political Science Series", No. 102. 2005, 40 pp, €6. Annual subscription: €40.

Comparisons of transnational policies have revealed that they tend to converge quite considerably. This particularly applies to the environment, but the mechanisms behind this convergence remain much of a mystery. Hence the interest of this brief study of three mechanisms, namely regulatory competition, international cooperation and trans-national communication. The authors do not only look at the effects of each of these mechanisms but also consider how they interact with one another.

(LD)

*** KARIN FEILER (Ed.): Nachhaltigkeit schafft neuen Wohlstand. Bericht an den Club of Rome. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen, Switzerland. Tel: (41-32) 3761717 - Fax: 3761727 - E-mail: publicity@peterlang.com - Internet: http: //http://www.peterlang.de ). 2003, 283 pp. ISBN 3-631-51633-9.

Sustainable development will be a fundamental source of prosperity in the future. This is the central message of a report by famous experts from the Rome Club, politicians like Klaus Töpfer, Executive Director of the United Nations Environment Programme in Nairobi, and Martin Bartenstein, Austrian Economics and Employment Minister, and academics like Ernst-Ulrich von Weizsäcker, Bert Rürup and Hans Küng in this collection of individual and thematic essays looking at sustainable development in the political, economic, social and ethical domains. Far from predicting conflict between the economy, progress and ecology, these brief and concise essays illustrate how technology and nature can work together and how greater productivity of resources could be beneficial to both rich and poor countries alike. A series of innovative and sometimes provocative essays, urging Europe and other industrialised areas to take overall responsibility for peace and the protection of natural resources. Essential recommendations - to be followed! (PB)

*** MARKUS WALDER: Die Diskussion um erneuerbare Energien in der Politik. Ist die Nutzung erneuerbarer Energien nur noch eine Frage des politischen Willen ? Peter Lang (see above). "Beiträge zur Dissidenz" series, No. 15. 2004, 155 pp. ISBN 3-631-51747-5.

Political and academic debate about renewable energy and its geopolitical, economic and social implications are discussed in this short but dense book by young South-Tyrol political scientist and advisor Markus Walder. Written in simple language with plenty of graphics and illustrated statistics, the book describes the world political and economic energy order, and the impact of traditional energy policy on various regions and countries of the world and on global climate change agreements. Based on other classic studies of the green economy and solar energy, like the one by German Socialist MP Hermann Scheer, Markus Walder looks at examples, techniques and political options for moving towards decentralised solar energy based on renewable energy. A short, clear and realistic book, providing a good introduction to this important, if not vital, topic. (PB)

*** MICHEL DUPUY: Les cheminements de l'écologie en Europe. Une histoire de la diffusion de l'écologie au miroir de la forêt 1880-1980. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920 - Fax: 43258203 - Internet: http: //http://www.editions-harmattan.fr ). "Biologie, Ecologie, Agronomie" series. 2004, 297 pp, €27 . ISBN 2-7475-7335-4.

In the space of a century, ecology has become a huge paradigm. At the start of the twentieth century it was a branch of the discipline of botany, and later of zoology. In the 1960s it became a discipline in its own right with its own academic chairs, reviews and specialist vocabulary. Member of the 'Groupe d'histoire des forêts françaises' and associate researcher at France's 'Institut d'histoire moderne et contemporaine', Michel Dupuy retraces the history of this mushrooming of ecology in a century in the light of applied forest ecology in Europe, looking at the different, mainly German, networks that boosted the circulation of this type of ecology. (MT)

*** JULIETTE OLIVIER: L'Union Mondiale pour la Nature (UICN). Une organisation singulière au service du droit de l'environnement. Etablissements Bruylant (see above). "Travaux du Ceric" series. 2005, 368 pp, €60. ISBN 2-8027-2059-7.

This book casts a spotlight over a huge environmental law stakeholder, largely unknown to the general public, an NGO established in 1948, made up of twenty-one countries and more than a hundred NGOs (all of which are on a par when it comes to voting rights), known as the UICN, Union Mondiale pour la Nature. Based in Gland in Switzerland, the UICN is these days involved in the drawing up of most environmental protection treaties and monitors their application. Along with the International Red Cross Committee, it is one of the rare NGOs to have observer status at the United Nations. Researcher at Bourgogne University 'Centre d'étude et de recherche politiques' in France, Juliette Olivier demonstrates in this very detailed book that institutional collaboration between governments and NGOs is vital to resolve the planet's environmental problems and in her view, the UICN is an important reference point for the international organisations of the future. (PBo)

*** La Lettre de Confrontations Europe. Confrontations Europe (41 rue Emile-Zola, F-93107 Montreuil Cedex. Tel: (33-1) 49881194 - Fax: 49881184 - E-mail: Confrontations@wanadoo.fr - Internet: http://www.confrontations.org ). July-September 2005, No. 71, 42 pp, €7. Annual subscription: €28.

The No vote certainly had a profound effect on supporters of the European Union in France, who are calling for vigilance to counter the 'danger of Europe falling apart' explains Claude Fischer, Secretary General of Confrontations Europe whose team has written a series of articles on why people rejected the Constitution and, more importantly, on the consequences of this and how to change direction. The magazine includes articles by five MEPs from different political backgrounds, including the erstwhile Vice-Chairman of the Convention Jean-Luc Dehaene. They look at issues like whether national politicians were honest in their comments about the European Union and the weakening of the Franco-German engine. Michel Didier, lecturer at the French 'Conservatoire National des Arts et Métiers', forecasts a negative medium-term impact on the French economy. This issue's main dossier looks at European financial markets, the subject of a Green Paper by the Commission with a view to further integration. It is divided into several articles on issues like the problems with integrating banking, how markets impact growth and the EU's weakness with regard to the United States. The review includes an interview with Ferdinando Riccardi, leader writer at Agence Europe.

*** Politica Exterior. Estudios de Politica Exterior SA (6 Padilla. E-28006 Madrid. Tel: (34-91) 4312628 - Fax: 5777252 - E-mail: revista@politicaexterior.com). July-August 2005, No. 106, 178 pp, €11. Annual subscription: €93.

The dozen or so articles in this issue include discussions of the impact of the No votes on the Constitution and their impact on Europe in general and Spain in particular. The July bombings of the London transport system were a painful reminder of the 11 March bombings in Spain. Various articles look at security and terrorism, analysing international and trans-national terrorism and calling readers to be careful not to assume that what applies to one form of terrorism automatically applies to another. It examines European surveillance capacities and integration and Zapatero's idea of an alliance of civilisations. Other articles look at how technological innovation impacts growth; environmental challenges; the expected change of government in Germany; and Tony Blair as the successor of Margaret Thatcher…

*** ARE Dossier. Assembly of the Regions of Europe (2 place Sainctelette, B-1080 Brussels. Tel: (32-2) 4218512 - Fax: 4218481 - E-mail: s.cools@a-e-r.org - Internet: http://www.a-e-r.org ). Summer 2005, No. 9 , 4 pp.

This issue of the Dossier looks at youth employment. Nearly 20% of young people in the European Union are unemployed (36.4% in Poland, 27.8% in Italy), with many others are not in steady employment. ARE Dossier explores ways of getting more young people into work, whether at EU level (like the Socrates and Eurodysee Programmes) or national level. Particular attention is paid to Denmark and Ireland, where youth unemployment is only 7.1% and 8% respectively.

*** ISS Newsletter. EU Institute for Security Studies (43 av. du President Wilson, F-75775 Paris cedex 16. Tel: (33-1) 56891930 - Fax: 56891931 - E-mail: institute@iss-eu.org - Internet: http://www.iss-eu.org ). July 2005, 4 pp.

The editorial (in French) looks at the need to collectively adopt the European project following its rejection in the two referendums. The other two articles are in English. The first looks at the crisis facing the Non-Proliferation Treaty following the failure of its recent summit. The second looks at reactions in the United States to the French and Dutch No votes on the European Constitution. Most people in the US do not care much either way, but most of those expressing an opinion support the Bush Administration's line in favour of the Constitution, while a fringe represented by thinktanks like the Heritage Foundation feel the Constitution would not be in the United States' interest.

Reviews in brief

*** Trade Policy Analysis. CATO Institute. June 2005, Washington. This issue explains why a policy to stop illegal immigration to the United States cannot go hand-in-hand with a policy to provide illegal aliens with legal papers. *** Libre cours. Facultés Universitaires Notre-Dame de la Paix. July 2005, Namur. This publication describes life at Namur University in Belgium, including an account by two students of their visit to a Zapatista Community. *** Louvain. Université catholique de Louvain Alumni et Amis de l'UCL. May 2005, Louvain-la-Neuve. This publication describes the very varied university collections.

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