构建我国食品召回制度的法律思考

缺陷食品召回制度是一种具有公法性质的行政管理制度和有效手段,在发达国家已非常完善。近年来,由于食品召回立法的缺位,在一系列的缺陷食品事件中,我国消费者的合法权益未能得到平等的保护。在市场经济和加入WTO的今天,日益成为阻碍消费者权益保护和企业竞争力增强的制度障碍。为此,借鉴发达国家的实践经验,结合中国国情,确立和完善我国的食品产品召回制度就成为当务之急。     

效率视野中的食品召回制度——一种法经济学理论的证成进路

2007年7月26日颁布并实施的《国务院关于加强食品等产品安全监督管理的特别规定》第9条首次确立了我国的食品召回制度。食品召回制度为何建制,其存在的根基及其体系的支撑,都需要证成。以"效率"的角度从法经济学的理论出发分析食品安全问题可以得出结论,食品召回制度对于"外部性"的有效处理,实现了"卡尔多-希克斯效率"的良好状态。     

我国绿色食品的发展及政策体系设计

发展绿色食品是我国农业可持续发展的需要。我国绿色食品发展经历了三个阶段 ,但绿色食品发展过程中依然存在六大问题 ,必须从市场开拓、保障体系、监督管理、投入、宣传等五个方面完善我国绿色食品发展的政策体系。     

The 2017 United Nations Climate Summit: Women Fighting for System Change and Building the Commons at COP23 in Bonn,Germany

ABSTRACT

This contribution presents a “commoning ecofeminist analysis” of the actions and perspectives of selected activists within Ende Gelände (Here and No Further), Idle No More, and La Vía Campesina (The Peasant’s Way) who are seeking system change as expressed at the 23^rd Conference of Parties to the United Nations Framework Convention on Climate Change held 6–7 November 2017 in Bonn, Germany. The analysis finds that women’s struggles for the commons, understood as cooperative control over the means of life, fundamentally challenge capitalist relations and affirm transformative alternatives. From this revolutionary potential, it follows that alliances, especially with those of Indigenous women and women of colour who are engaged in commoning, are crucial to making the epochal transition from ecocidal fossil capitalism to regenerative solar commoning.     

State–peasant movement relations and the politics of food sovereignty in Mexico and Ecuador

This contribution argues that the articulation between the state and peasant organizations’ internal structures – the class characteristics of their mass bases, their leaderships and the modes of interaction between the two – is critical for determining the nature of contemporary struggles guided by the discourse of food sovereignty. It will show that that counter-hegemonic demands are not synonymous with counter-hegemonic practice; rather than struggling to replace the neoliberal food regime, many peasant organizations employ the food sovereignty discourse as a political tool in their negotiations with the state in order to access resources from within the prevailing neoliberal model, not to transform it.     

Food sovereignty and new peasantries: on re-peasantization and counter-hegemonic contestations in the Basque territory

This paper contributes to debates about the potential of re-peasantization and its contribution to food sovereignty with a case study from the global North, where such questions are relatively under-studied. I examine how Euskal Herriko Nekazarien Elkartasuna (EHNE)-Bizkaia, a Vía Campesina member organization from the Basque Country (Spain), advances food sovereignty through re-peasantization. I also analyze the motivations of new peasants engaged in agroecology, their understandings of food sovereignty, and the challenges that they face. Using a Gramscian political ecology framework, I argue that whereas re-peasantization contributes to a shift from corporatist to counter-hegemonic struggles, the political-economic and biophysical contexts structure agroecological production in ways that limit the extent to which new peasantries can become ‘agents of their own history’. I conclude that closer attention to peasants’ messy practices of making a living is needed to address questions of political agency.     

The goals and reality of the water–food–energy security nexus: the case of China and its southern neighbours

The so-called ‘nexus’ approach has recently been promoted as addressing externalities across the water, food and energy sectors, thus helping to achieve ‘water/energy/food security for all’, ‘equitable and sustainable growth’ and a ‘resilient and productive environment’. While these are noble goals, this article argues that the reality on the ground appears to be taking a different direction, at least when it comes to China and its neighbours in South and Southeast Asia. There, a new era of large-scale water infrastructure development is creating several security-related problems, which represent serious challenges to the nexus goals. These challenges include food–energy tensions, human security threats and ecological risks. These challenges can also be linked to rising friction surrounding the management of water, food and energy resources in the region. The article argues that, in order for the nexus goals to be achieved in China and the countries on its southern periphery, there must first be increased awareness of this nexus among policy-making elites.     

Are Power Asymmetries a Reason for the State to Intervene?

Power asymmetries between farmers and slaughterhouses have led the Swiss government to install an independent agency that evaluates the quality of pig and cattle carcasses. This case is used to explore public interventions to mitigate power asymmetries. The independent classification is described and its economic rationale explored. The positions of the most important stakeholders in the system are depicted and the counter-arguments analyzed by objective hermeneutics. It is concluded that public interventions against power asymmetries are no panacea but can be useful to create a just and effective system.     

Pathway to resilience: hands and hearts for peasant livelihoods and fair relations between humans and nature

Abstract

Peasants and rural communities are on the front lines of most climate catastrophes taking place nowadays worldwide; at the same time, we have been the ones taking care of our common planet over generations. This article begins with a brief overview of the current situation of land use in the world today and links it to climate issues. It then describes some of the solutions to climate threats being negotiated between national governments and the private sector. It then highlights solutions that communities are already implementing and concludes with the reasons why systemic change is needed in order to achieve agrarian and climate justice.