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Tijdschrift Recht der Werkelijkheid x Jaar 2014 x
Artikel

National variations in the implementation and enforcement of European food hygiene regulations

Comparing the structure of food controls and regulations between Scotland and the Netherlands

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden food regulation, official controls, EU food law, implementation, enforcement
Auteurs Tetty Havinga
SamenvattingAuteursinformatie

    Over the course of time the European Union has increased its powers considerably. Currently, almost all food safety regulations in the member states rest on European law. Despite this common legal base, several differences between member states still exist. This article compares the way Scottish and Dutch authorities deal with a particular item of European food law: the development of national guides to good practice for hygiene and for the application of HACCP principles by the food industry. The results of this investigation are consistent with the conclusion of Falkner et al. that the implementation of EU law in both the Netherlands and the UK depends on domestic issues. The dominant issue in Scotland (and the UK) is the FSA objective to bring consistent food controls and independency from industry which results in the development of governmental guidance. The prevailing issue in the Netherlands is making industry responsible for food safety which helps explain the extensive use of industry guides. This study shows that in order to understand what happens on the ground it is important to look beyond transposition or direct effect and also to investigate the implementation of regulations and to dig deeper than just their transposition.


Tetty Havinga
Tetty Havinga is Associate Professor at the Institute for the Sociology of Law, Radboud University Nijmegen, The Netherlands. She has published on the regulation of food safety, policy implementation and law enforcement, equal opportunities law, asylum migration and migrant workers. Her recent research projects deal with the development and effects of private regulation of food safety, oversight and official controls in the food industry, and the experiences of large companies with Dutch special courts. She is co-editor of The Changing Landscape of Food Governance (to be published by Edward Elgar, 2015).
Artikel

The government’s roles in transnational forest governance

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden transnational governance, forest certification, legality verification, emerging economies, public-private interaction
Auteurs Liu Jing
SamenvattingAuteursinformatie

    Forest certification schemes and the legality regime are two main methods of transnational forest governance. A recent review of the literature has revealed that the government and forest certification are often intertwined. Based on that review, this contribution argues that governments play divergent roles in forest certification schemes in different aspects of the regulatory process: namely, agenda and standard setting, implementation, monitoring, and enforcement. In most FSC schemes, governments in developed countries play a less active role in most of these aspects than they do in context-based industry-dominated schemes. In the three emerging economies examined – Indonesia, Brazil, and China – the government sometimes plays a more active role in context-based, industry-dominated schemes than it does in developed countries. The rising legality regime might further strengthen the role of the government in forest governance in these emerging economies. Moreover, China may exemplify the fact that forest governance is entering a new phase, because the country not only exports to countries demanding legal verification, but also imports from countries where the risk of illegal logging is high. This illustrates that the role of governments in forest governance is constantly evolving.


Liu Jing
Liu Jing is a postdoctoral researcher in Erasmus University Rotterdam (the Netherlands). She is conducting research on ‘smart mixes in relation to transboundary environmental problems’, especially in the areas of forest, fishery, oil and climate change governance. Her research interests cover regulation and governance, environmental law as well as law and economics.
Artikel

Regulatory governance by contract: the rise of regulatory standards in commercial contracts

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden contracts, transnational regulation, codes of conduct, private standards, supply chain
Auteurs Paul Verbruggen
SamenvattingAuteursinformatie

    In this paper a literature review is used to explore the role that commercial contracts concluded between private actors play as instruments of regulatory governance. While such contracts are traditionally seen as a means to facilitate exchange between market participants, it is argued in the literature that commercial contracts are becoming increasingly important vehicles for the implementation and enforcement of safety, social and sustainability standards in transnational supply chains. The paper maps the pervasiveness of this development, its drivers, and the governance challenges that arise from it. While doing so, the paper more generally explores the relationship between regulation and contract law.


Paul Verbruggen
Paul Verbruggen is Assistant Professor of Private Law at the Business and Law Research Centre of Radboud University, Nijmegen, the Netherlands. He conducted his PhD research at the European University Institute, Florence, Italy, which resulted in the monograph Enforcing Transnational Private Regulation: A Comparative Analysis of Advertising and Food Safety (Edward Elgar, 2014). Paul writes on the design and operation of regulatory frameworks (both public and private), focusing on questions of legitimacy, accountability and enforcement. His research interests concern European private law, regulatory policy, risk regulation and certification.

Richard Staring
Richard Staring is endowed professor of criminology at the Erasmus University Rotterdam. He has published on irregular migration, human smuggling as well as human trafficking.

    This editorial offers an introduction to the current issue.


Peter Mascini
Peter Mascini is an associate professor of sociology at Erasmus University Rotterdam and he holds a chair in empirical legal studies at the same university. He serves as co-director of the research program Behavioral Approaches to Contract and Tort. His research focuses on the legitimization, implementation, and enforcement of different policy ideas. He often studies the tenability of assumptions underlying policy instruments.

Judith van Erp
Judith van Erp is an associate professor in Criminology at Erasmus School of Law and chair of its research program Monitoring Safety and Security. Her research focuses on monitoring and compliance of business. She co-chairs the Collaborative Research Network on Regulatory Governance at the Law and Society Association and the European Society of Criminology’s working group on Corporate and White Collar Crime.
Artikel

The food label as governance space: free-range eggs and the fallacy of consumer choice

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden food label, free-range eggs, animal welfare, regulatory governance
Auteurs Christine Parker
SamenvattingAuteursinformatie

    In a neoliberal age governments, NGOs, food producers and retailers all state that the food system can be governed via consumer choice aka voting with your fork. This makes the retail food label an important space for contests between different actors who each seek to govern the food system according to their own interests and priorities. The paper argues that this makes it crucial to ‘backwards map’ the regulatory governance networks behind the governance claims staked on food labels. The paper uses the example of the contested meaning of ‘free-range’ claims on animal products in Australia to propose and illustrate a methodology for this backwards mapping.


Christine Parker
Christine Parker is a Professor of Law at Monash University, Melbourne Australia. She conducts socio-legal research on business regulation enforcement and compliance and lawyer ethics. Her books include The Open Corporation (2002), Explaining Compliance (edited with Vibeke Nielsen, 2011), and Inside Lawyers Ethics (with Adrian Evans, 2014).
Artikel

The need for an integrated comparison of the effectiveness of international sustainable forestry, coffee and cocoa initiatives

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden effectiveness, private sustainability standards, certification, FSC, UTZ Certified
Auteurs Martijn Scheltema
SamenvattingAuteursinformatie

    To date the effectiveness of private sustainability standards has been assessed from different angles which attribute different meanings to effectiveness. This contribution compares the effectiveness of two international certification initiatives (i.e. sustainable forestry (Forest Stewardship Council, FSC) and sustainable coffee and cacoa (UTZ Certified)) from three different angles (legal, impact, acceptance/legitimacy/governance). Based on publicly available data, it is shown that FSC scores better on some dimensions of these three angles (e.g. enforcement, cost and price premium, and government acceptance), while UTZ Certified scores better on others (e.g. verifiable evaluation criteria, regular evaluation, innovation). Hence, this analysis shows that a comparative evaluation of both initiatives would have been biased if it would have been based on a single angle approach. There is all the more reason to use such an integrated approach, since the different angles are intertwined. Therefore, it has been established that in order to establish the effectiveness of private certification initiatives an integrated approach is needed which combines different angles. This contribution shows such an approach is feasible.


Martijn Scheltema
Martijn Scheltema is professor at Erasmus University Rotterdam (the Netherlands). He researches the effectiveness of international private regulation in the CSR arena. He is board member of ACCESS Facility (www.accessfacility.org.) Beside this, he is board member of the CSR committee of the International Bar Association and attorney at law/partner with Pels Rijcken & Droogleever Fortuijn (The Hague, the Netherlands).
Discussie

Mooie woorden zijn nog geen mooie daden

Een kritische reflectie op het verband tussen legitimiteit en nalevingsgedrag

Tijdschrift Recht der Werkelijkheid, Aflevering 1 2014
Auteurs Ben van Velthoven en Bo Terpstra
Auteursinformatie

Ben van Velthoven
Ben van Velthoven is universitair hoofddocent rechtseconomie aan de Universiteit Leiden. Zijn onderzoek richt zich op aansprakelijkheidsvraagstukken, geschilbeslechting en rechtshandhaving.

Bo Terpstra
Bo Terpstra is als wetenschappelijk docent verbonden aan de Juridische Faculteit van de Universiteit Leiden.
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