Law and Agroecology ThiS is a FM Blank Page Massimo Monteduro • Pierangelo Buongiorno • Saverio Di Benedetto • Alessandro Isoni Editors

Law and Agroecology A Transdisciplinary Dialogue Editors Massimo Monteduro Pierangelo Buongiorno Dipartimento di Scienze Giuridiche Dipartimento di Scienze Giuridiche Universita del Salento Universita del Salento Lecce Italy Institute for the History of Law of Mu¨nster Mu¨nster Germany

Saverio Di Benedetto Alessandro Isoni Dipartimento di Scienze Giuridiche Dipartimento di Storia Universita del Salento Societa e Studi sull’Uomo Lecce Universita del Salento Italy Lecce Italy

ISBN 978-3-662-46616-2 ISBN 978-3-662-46617-9 (eBook) DOI 10.1007/978-3-662-46617-9

Library of Congress Control Number: 2015939279

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Springer-Verlag GmbH Berlin Heidelberg is part of Springer Science+Business Media (www.springer.com) Preface

This collective volume is the first outcome of an experiment in transdisciplinary scientific research started in 2012 with the creation at the University of Salento (Italy) of a group of young researchers called LAIR (an acronym for Law and Agroecology – Ius et Rus), and continued in 2013 with the organization of an International Conference in Lecce entitled Agroecology and Law: A Transdisci- plinary Dialogue. The research was motivated by a growing awareness of profound changes in the socioeconomic paradigm that have taken place in agriculture. Agriculture has evolved from the monofunctional perspective, referring exclusively to the produc- tion of goods for private use (raw materials to be used for food or industrial purposes) and to the remuneration of producers for those goods, towards a multifunctional vision. It is recognized that agriculture provides fundamental ecosystem services, inspired by the principle of sustainable development and conforming to the rule of environmental cross-compliance. This process of transformation has been accompanied by the emergence of a vibrant and expanding field of international research, namely agroecology. Agroecology has progressively integrated the points of view of various disci- plines: agronomy, , environmental sciences, geography, , anthro- pology, history, , ethics, and political science. Agroecology has evolved through overcoming the traditional frontiers between “natural” and “social” sci- ences and examining the concept of agroecosystem viewed as a socio-ecological system. Law, however, has remained separate and very far from the debate within agroecology. This volume proposes to explore, for the first time in a direct and broad-spectrum way, the relationship between law and agroecology. These two branches of knowl- edge that hitherto have not really communicated with each other are now called upon to become reciprocally acquainted, giving rise to a process of coevolution. On the one hand, agroecology is called upon to integrate within itself the point of view of law. This means studying the complexities of agri-food systems also in the

v vi Preface light of normative and institutional variables, with the lens of categories such as rights, duties, powers, responsibilities, and procedural safeguards. On the other hand, law is called upon to review its own “internal geometries,” confronting them with the agroecological paradigm. In this sense, it must address the necessity of overcoming the divisive approach that so far has kept separate, on the disciplinary level, agricultural law and environmental law and, more generally, has disarticulated the legal regulation of closely linked matters, such as agriculture, environment, landscape, and food. This volume intends to be the first moment of an open exchange between juridical and nonjuridical systems of thought with regard to agroecology. At the same time, it deals with the experiences of different countries, in order to start up a fertile dialogue destined to continue into the future. On the level of the academic training of the authors, the approach based on transdisciplinarity explains why in this volume are included, besides legal scholars, also scholars of ecology, landscape ecology, agronomy, food governance, chemis- try, , history of agroecosystems and political institutions, rural sociol- ogy, and ethics. Among the legal scholars are representatives of various fields: from Roman law to international and comparative law; from constitutional, public, and administrative law to private and agricultural law; from environmental and land- scape law to consumer law. The authors come from nine different countries (Italy, Denmark, France, Greece, Hungary, the Netherlands, Spain, the United Kingdom, and the United States of America). On a structural level, the volume is composed of three parts. The first part addresses the methodological issues entailed in linking agroecology to law. The second part aims to identify some concrete challenges that agroecology presents to law, highlighting the correspondence between multifunctionality of agriculture and multidimensionality of the relationships between land, agriculture, and the envi- ronment on legal and scientific levels. The third and final part focuses on sustain- able rural development and on rural civilization as paradigms in the new agroecological approach. The volume is woven round a key concept that is ancient and modern at the same time, namely the concept of rus. Rus marks the plurality and the interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural.” If agriculture is traditionally understood as an activity aimed at exploiting the land for the production of material goods for use, consumption, and private exchange, rurality marks the collocation of agriculture into a wider sphere, which is not only economic but also social and cultural; not only material but also ideal, relational, historic, and symbolic; not only private but also public. There is a need for a transdisciplinary approach in order to integrate agroeco- logical paradigm in legal regulation: but this does not require a super-law that Preface vii hierarchically purports to incorporate and replace the existing legal fields. It requires constructing a trans-law that progressively attempts to coordinate interlegalities between different legal fields by respecting their autonomy but emphasizing their common historical roots in rus.

Lecce, Italy Massimo Monteduro Lecce, Italy / Mu¨nster, Germany Pierangelo Buongiorno Lecce, Italy Saverio Di Benedetto 22 December 2014 Alessandro Isoni ThiS is a FM Blank Page Contents

Part I Law and Agroecology: Crossing the Boundaries Between Natural, Social and Legal Sciences History and Development of Agroecology and Theory of Agroecosystems ...... 3 F. Caporali Regulation of Agroecosystems: A Social Systems Analysis of Agroecology and Law ...... 31 E.B. Noe and H.F. Alrøe Addressing Law and Agroecosystems, Sovereignty and Sustainability from a Legal Pluralistic Perspective ...... 47 O. Hospes From Agroecology and Law to Agroecological Law? Exploring Integration Between Scientia Ruris and Scientia Iuris ...... 57 M. Monteduro Agriculture, Environment and Law Between Ancient Experiences and Present Knowledge: Some Remarks ...... 87 P. Buongiorno Agriculture and the Environment in International Law: Towards a New Legal Paradigm? ...... 99 S. Di Benedetto Ecosystem Services: European Agricultural Law and Rural Development ...... 127 B. Jack The Rural Development Programme (RDP) as a Strategic Tool for Linking Legal and Agroecological Perspectives ...... 151 G. Buia and M. Antonucci

ix x Contents

Part II Multidimensional Relations Between Land, Agriculture and the Environment The Common Agriculture Policy (CAP): Achievements and Future Prospects ...... 185 A. Isoni Environment, Landscape, Agriculture, and Food in the Framework of State and Regional Legislative Powers as per Art. 117 of the Italian Constitution ...... 207 M. Troisi The Relationship Between Agricultural Law and Environmental Law in Italy ...... 227 E. Cristiani The Relationship Between Agricultural Law and Environmental Law in France ...... 241 C. Hermon The Relationship Between Agricultural Law and Environmental Law in Hungary ...... 265 J.E. Szila´gyi The Relationship Between Agricultural Law and Environmental Law in the United States of America ...... 279 E. Dooley Crossing the Boundaries Between Agricultural Law and Landscape Law: The Rural Landscape ...... 295 M. Brocca The Agri-Food Market and Eco-Oriented Consumer Law: Towards a New Model ...... 321 S. Tommasi Emerging Land-Use Cross-Scale Patterns and the Pirsig’s Monkey Trap ...... 333 G. Zurlini, T. Semeraro, R. Aretano, M.R. Pasimeni, A. De Marco, I. Castorini, N. Zaccarelli, and I. Petrosillo Reshaping Agriculture Toward a Transition to a Post-Fossil Bioeconomy ...... 359 M. Monteleone Biofuel Regulation in the EU: A Failure in the Path Towards Environmental Sustainability and Food Security? ...... 377 M. Alabrese Contents xi

Part III Rural Sustainable Development and Rural Civilization Agroecology and Politics: On the Importance of Public Policies in Europe ...... 395 M. Gonza´lez de Molina Navarro Sustainability Science: A Possible Strategy to Enhance Resilience to Climate and Rural Ecosystem Changes ...... 411 S. Grego and V. Naso Agriculture, Climate Change and Law ...... 423 S. Vernile Knowledge-Based Greening as a New Bioeconomy Strategy for Development: Agroecological Utopia or Revolution? ...... 439 E.G. Koukios Agrobiodiversity, Intellectual Property Rights and Right to Food: The Case of Andean Countries ...... 451 M. Pierri The Constitutional Dimension of Traditional Rural Skills: Protection and Promotion ...... 471 A. Denuzzo On the Humanity of Land ...... 479 A. de Nitto ThiS is a FM Blank Page About the Editors

Massimo Monteduro—Associate Professor of Administrative Law at the Depart- ment of Legal Sciences, University of Salento. Formerly Full Researcher and Assistant Professor of Administrative Law and Environmental Administrative Law at the Department of Legal Sciences, University of Salento. In 2000, he graduated in Law, final mark 110/110 summa cum laude, at the LUISS Guido Carli (Free International University of Social Studies) in Rome. In 2005, he received the Ph.D. degree with distinction in “Economics and Market Law” by the Advanced School ISUFI (Institute of Advanced Interdisciplinary Studies) of the University of Salento. In 2006 and 2007, he was Visiting Professor at the , Department of Administrative Law. Since 2006, he has lectured in courses for the University of Salento in Administrative Law and Environmental Administrative Law. In 2009, he carried out teaching activities at the National School of Public Administration (SSPA) in Rome. In 2013, he was Visiting Professor at the University of Santiago de Compostela, Law School. On 24/12/ 2013, he got the National Scientific Qualification as Associate Professor in Admin- istrative Law. He is a member of the International Research Group GI-1137, Derecho de las Administraciones y Entidades del Sector Pu´blico (DAESP), established at the Department of Public Law and Theory of State of the University of Santiago de Compostela (DAESP includes professors and researchers from Spain, Portugal, Italy, Austria, Chile, and Colombia). He is a founding member of the Italian Association for Sustainability Science (IASS) and a member of the Italian Association of Urbanism and Town-Planning Law (AIDU). He is a cofounder of the Group LAIR “Law and Agroecology – Ius et Rus” established at the University of Salento. He has been invited as speaker in national and interna- tional conferences. He is the author of several national and international studies on administrative agencies, theory and practice of public organizations, administrative procedure, public contracts and utilities, environmental law, town planning law, innovative aspects of administrative law, interpretation of administrative acts. Among his recent publications are: Monteduro M (2012) Un nudo problema´tico en la transposicion de la Directiva 2006/123/CE en Italia: la nueva institucion de la

xiii xiv About the Editors indicacion certificada de comienzo de actividad. In: Nogueira Lopez A (ed) La termita Bolkestein. Mercado u´nico vs. Derechos ciudadanos. Thomson Reuters Civitas – Editorial Aranzadi, Cizur Menor, Navarra, pp 385–452; Monteduro M (2012) Provvedimento amministrativo e interpretazione autentica. Vol I: Questioni presupposte di teoria del provvedimento. Cedam – Wolters Kluwer Italia, pp 1– 338; Monteduro M (2013) Environmental Law and Agroecology. Transdisciplinary Approach to Public Ecosystem Services as a New Challenge for Environmental Legal Doctrine. European Energy and Environmental Law Review 22(1): 2–11. Pierangelo Buongiorno—Researcher of Roman Law and Ancient Law and Assis- tant Professor of History and Institutions of Roman Law at the Department of Legal Sciences, University of Salento; Nachwuchsgruppenleiter at the Institute for the History of Law, University of Mu¨nster. He graduated in Classical Philology, final mark 110/110 summa cum laude, at the University of Lecce. He also graduated in Law, final mark 110/110 summa cum laude, at the . Since September 2004, he has cooperated to the teaching and research activities of the Roman Law Chairs at the University of Lecce. He was a Ph.D. student in Ancient History at the University of Bari (2004–2007). During and after his doctoral studies, he spent several times at the Ruprecht-Karls-University of Heidelberg (SS 2005, 2006, 2007, 2009, 2011 and WS 2006, 2014). He obtained a research fellowship of the Annemarie-und-Elise-Jacobi-Stiftung, which he spent at the Kommission fu¨r Alte Geschichte des Deutschen Archa¨ologischen Instituts of Mu¨nchen (2008, January–February). He spent a research fellowship of the University of Bari at the Law Faculty of the Johannes-Gutenberg University of Mainz (2008, April– December). He was ‘Wissenschaftliche Hilfskraft’ of the Roman and Civil Law Chair of the same University (2008, April–July). He was Research Fellow (Assegnista di Ricerca) at the University of Salento with a research about ‘The Normative Production in the I Century A.D.: the Relations between the Princeps and the Senate’ (2009–2011). He spent a research fellowship at the IUSS (Pavia) for the 8th CEDANT (Collegio di Diritto Romano) about ‘Leges publicae. La legge nell’esperienza giuridica romana,’ under the direction of Prof. Jean-Louis Ferrary and Prof. Dario Mantovani (2010, January and September). He won the VIII International Romanistic Prize ‘Ge´rard Boulvert’ for his first book (2010). He spent a research fellowship in Princeton University (2013, April) and DAI-AEK Mu¨nchen (2013, May). He was also Visiting Professor in Heidelberg (SS 2013 and 2014) and in Mu¨nster (WS 2014). On October 2013, he won the Excellence Prize of the University of Lecce as the best researcher for the Juridical Area. On 5/02/2014, he got the National Scientific Qualification as Associate Professor in Roman Law and Ancient Law. On August 2014, he received the ‘Sofja Kovalevskaja Award’ tendered by the Alexander von Humboldt Foundation. He is a member of the editorial board of the ‘Quaderni Lupiensi di Storia e Diritto’ and of some scientific associations. He has been an invited speaker in national and international confer- ences. He is a cofounder of the Group LAIR “Law and Agroecology – Ius et Rus” established at the University of Salento. Among his recent publications are: Buongiorno P (2010) Senatus consulta Claudianis temporibus facta. ESI, Napoli, p XII-540; Buongiorno P (2010) CIL X 1401 e il senatoconsulto Osidiano. IVRA About the Editors xv

58: 234–251; Buongiorno P, Lohsse S (eds) (2013) Fontes Iuris: Atti del VI Jahrestreffen Junger Romanistinnen und Romanisten [Lecce, 30–31 marzo 2012]. ESI, Napoli. Saverio Di Benedetto—Full Researcher of International Law and Assistant Pro- fessor of International Economic Law at the Department of Legal Sciences, Uni- versity of Salento. He graduated in Law in 1998, final mark 110/110 summa cum laude, at the . In 2000, he obtained the master’s degree (L.L.M.) in “Public and International Management and Trade Law” at the Advanced School ISUFI (Institute of Advanced Interdisciplinary Studies) of the University of Salento. In 2005, he received the Ph.D. degree with distinction in “Economics and Market Law” by the Advanced School ISUFI. In 2006, he was Visiting Professor of “International and Armed Conflicts Law” at the Italian Naval Acad- emy (Accademia Navale Italiana) of Livorno. Since 2006, he has lectured in courses for the University of Salento in International Law and International Eco- nomic and Trade Law. In 2008, he was invited as participant to the Centre for Studies and Research in International Law of the Hague Academy of International Law; his research work was included in the Law Book of the Hague Academy on the Implementation of International Environmental Law. On 18/12/2014, he got the National Scientific Qualification as Associate Professor in International Law. He is a founding member of the Italian Association for Sustainability Science (IASS) and of the Association “The Group of Lecce” for Global Governance (www. thegroupoflecce.org). He is a cofounder of the Group LAIR “Law and Agroecology – Ius et Rus” established at the University of Salento. He was invited as speaker in several national and international conferences, including the Biennal Conference of the European Society of International Law held in 2008 at the University of Heidelberg. He is the author of several articles and essays published in national and international journals and volumes, concerning several subjects of international law, such as international investment law, international trade law, global gover- nance, international environmental law. He is also a coeditor of collected volumes on different themes of international and EU law. Among his recent publications are: Di Benedetto S (2011) Le roˆle des tribunaux CIRDI au regard de la mise en œuvre de la protection de l’environnement. In: Maljean Dubois S, Rajamani L (eds) La mise en œuvre du droit de l’environnement. Hague Academy of International Law – Martinus Nijhoff, The Hague, pp 537–578; Di Benedetto S (2013) Sustainable Development or Strong Growth? Perspectives in G8 and G20 Declarations on Global Economic Governance in Time of Crisis. In: Bossone B, Cafaro S, Di Benedetto S, Malaguti MC (eds) Legitimacy and Effectiveness in Global Economic Governance. Cambridge Scholars, Newcastle Upon Tyne, pp 343–368; Di Benedetto S (2013) International Investment Law and the Environment. Edward Elgar, Cheltenham, p XVI – 250. Alessandro Isoni—Associate Professor of History of Political Institutions at the Department of History, Society and Human Studies, University of Salento. Formerly Assistant Professor of Constitutional History and Full Researcher of History of Political Institutions at the Department of History, Society and Human Studies, University of Salento. In 1999, he graduated in Political Sciences, final xvi About the Editors mark 110/110 summa cum laude, at the . In 2000, he received a master’s degree with distinction in “International, Supranational and National Law of Market and Public Policies” by the Advanced School ISUFI (Institute of Advanced Interdisciplinary Studies) of the University of Salento. In 2005, he received the Ph.D. degree with distinction in “Economics and Market Law” by the Advanced School ISUFI (Institute of Advanced Interdisciplinary Studies) of the University of Salento. Since 2005, he has lectured in courses for the University of Salento in Administrative Law, History of the Italian Administration, and Public Law. On 24/12/2013, he got the National Scientific Qualification as Associate Professor in History of Political Institutions. He is a member of the editorial board of some reviews, like Eunomia and Historia Magistra. He has been an invited speaker in national and international conferences. He is a cofounder of the Group LAIR “Law and Agroecology – Ius et Rus” established at the University of Salento. He has been an author of several articles and studies about the political and historical causes of the ECSC High Authority, together with other studies concerning the European integration institutional features and, in addition, other studies devoted to the parliamentary select committees in Italy under the Albertine Statute and the Republican Constitution. Among his recent publications are: Isoni A (2012) Farewell to the European Community. The Lisbon Treaty and the Concep- tual Shifts of a Sui Generis Public Law Experience. Eunomia 1(1):85–98; Isoni A (2012) Federalismo e sussidiarieta nel processo di integrazione europea. In: Tedoldi L (ed) Alla ricerca della statualita. Un confronto storico-politico su Stato, federalismo e democrazia in Italia e in Europa. QuiEdit, Verona, pp 181–200; Isoni A (2014) “Fonder la Re´publique”. The French National Convention and the Revolutionary Government (1793–94). Parliaments, Estates and Representation 34 (1):40–54. Contributors

Mariagrazia Alabrese Institute of Law, Politics and Development (Dirpolis), Sant’Anna School of Advanced Studies, Pisa, Italy Hugo F. Alrøe Department of Agroecology, Aarhus University, Aarhus, Denmark Mariacristina Antonucci Faculty of Law, Department of Legal Sciences, University of Salento, Lecce, Italy Roberta Aretano Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Marco Brocca Department of Legal Sciences, University of Salento, Lecce, Italy Giuseppina Buia Faculty of Law, Department of Legal Sciences, University of Salento, Lecce, Italy Fabio Caporali Department of Agriculture, Forest, Nature and Energy, University of Tuscia, Viterbo, Italy Idelberto Castorini Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Eloisa Cristiani Institute of Law, Politics and Development (Dirpolis), Sant’Anna School of Advanced Studies, Pisa, Italy Antonella De Marco Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Achille de Nitto Department of Legal Sciences, University of Salento, Lecce, Italy Antonello Denuzzo Faculty of Educational, Political and Social Studies, Univer- sity of Salento, Lecce, Italy

xvii xviii Contributors

Elizabeth Dooley Ecologic Institute, Berlin, Germany Manuel Gonza´lez de Molina Navarro Department of History, Geography and , University Pablo de Olavide, Sevilla, Spain Stefano Grego Department of Agriculture, Forestry, Nature and Energy, Univer- sity of Tuscia, Viterbo, Italy Carole Hermon Institute of Legal Studies for Urban Planning, Construction, and the Environment (IEJUC), Toulouse 1 Capitole University, Toulouse, France Otto Hospes Department of Social Sciences, Public Administration and Policy Group, Wageningen University, Wageningen, The Netherlands Brian Jack School of Law, Queen’s University of Belfast, Belfast, UK Emmanuel G. Koukios National Technical University of Athens, Bioresource Technology Unit, Athens, Greece Massimo Monteleone STAR*AgroEnergy Group, Department of Agri- Environmental Sciences, Chemistry and Plant Protection, University of Foggia, Foggia, Italy Vincenzo Naso Department of Mechanical and Aeronautical Engineering, Uni- versity “La Sapienza” of Rome, Rome, Italy Egon B. Noe Department of Agroecology, Aarhus University, Aarhus, Denmark Maria Rita Pasimeni Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Irene Petrosillo Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Maurizia Pierri Department of Legal Sciences, University of Salento, Lecce, Italy Teodoro Semeraro Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Ja´nos Ede Szila´gyi Department of Agricultural and Labour Law, University of Miskolc, Miskolc, Hungary Sara Tommasi Department of Legal Sciences, University of Salento, Lecce, Italy Michele Troisi Department of Legal Sciences, University of Salento, Lecce, Italy Scilla Vernile Department of Law, of Milan, Milan, Italy Contributors xix

Nicola Zaccarelli Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy Giovanni Zurlini Landscape Ecology Laboratory, Department of Biological and Environmental Sciences and Technologies (DISTEBA), University of Salento, Lecce, Italy