-- CALL FOR PAPERS -- Workshop HYBRIDISATION OF FOOD GOVERNANCE Trends, Types and Results 15-16 May 2014 at Huize Heyendael, Radboud University Nijmegen Nijmegen, the Netherlands Organisers dr. Tetty Havinga (Institute for Sociology of Law) dr. Paul Verbruggen (Business & Law Research Centre) The workshop is supported by grants from Royal Dutch Academy of Arts and Sciences Radboud University Nijmegen, Faculty of Law
Hybridisation of Food Governance: Trends, Types and Results Objectives Food governance has changed dramatically over the past two decades. A principal change concerns the role of private, non-governmental actors in the regulation of food safety, food supply and food sustainability. The shift in food governance from public towards private has resulted in very complex regulatory arrangements, involving multiple actors at multiple levels of governance. The workshop aims to: (1) Bring together 25-30 academics and policy makers from different disciplines from around the world to discuss and study the hybridisation of food governance. (2) Contribute to socio-legal knowledge on multi-actor and multilevel governance by comparing the problems and solutions of hybridisation in different contexts. Call for papers We cordially invite you to submit papers addressing conceptual and empirical questions on the theme of hybrid forms of food regulation and governance between public and private actors, both at the national and the international level. In particular, we invite papers that examine questions relating to the following sub-themes: (1) Forms & Trends: What is hybridisation of food governance? Which forms and types can be distinguished? How much of it is going on and at what level of governance (national, regional, global)? What are favourable conditions for the development and flourishing of these specific hybrid forms of food governance? Are these country-specific? Are these specific to the food sector? (2) Governance: How do these arrangements between public and private actors operate and within which (legal) framework? How are (potentially conflicting) interests aligned? What mechanisms of rule-making, monitoring and enforcement are used? Who is responsible for each regulatory function? (3) Results: What are the (intermediate) results that are achieved through the public-private arrangements? What challenges emerge from the current experiences? Are the hybrid forms superior to single stakeholder arrangements? Are basic principles of accountability and legitimacy ensured? Deadline and contact We are currently finalising the programme for the Workshop and wish to involve some more participants. We invite abstracts for papers (max. 400 words) addressing conceptual and empirical questions on the hybridisation of food regulation and governance. The deadline for submission of abstracts is Friday 1 November 2013. Please email your abstract together with your affiliation and contact details to foodgovernance(at)jur.ru.nl mentioning Workshop Hybridisation in the subject line. Reimbursements The organizers will provide accommodation for up to two nights and catering during the conference for the principal presenter of the paper. Travel costs will not be compensated. 1
Background The Workshop starts from the observation that the traditional concept of law as commandand-control legislation and law enforcement by national governmental bodies, including inspectorates and courts, is not adequate in today s world of food governance. The globalization of the food chain, the growing public concern about food safety following the BSE crisis, the increased economic power of large supermarket chains and the general perception of failing governmental regulation made up a fertile ground for transitions in food governance. We can witness the emergence of retailer-driven food safety regulation and of global coalitions for setting food standards (Henson and Humphrey 2009, Meidinger 2009a). Global business-to-business standards and third-party certification acquired a dominant position in the food chain (Fulponi 2006, Havinga 2006, 2012, Marsden et al 2000, 2010). The EU strengthened its food safety legislation, established the European Food Safety Authority and the Food and Veterinary Office. Several European countries have established new regulatory agencies or reformed existing ones to oversee (private) food control activities at the national level. Food legislation moved from a rather prescriptive towards a more enforced self-regulatory approach (Fairman and Yapp 2005, Garcia Martinez et al 2007). Marsden cs (2010) have used the concept of a hybrid model of food governance to describe the new regulation and governance of food. Also in other issue areas this hybridisation of regulation and governance is observed. Levi- Faur (2005, 2010) has famously developed the notion of regulatory capitalism to map, capture and explain the mushrooming of regulation in the last few decades as a response to the rhetoric of many governments that we are supposed to live in an era of deregulation. More specifically, regulatory capitalism denotes the changes and growth in instruments, scope, sectors and depth of regulation and is suggestive of a concept of regulation that is increasingly hybrid in nature (Braithwaite 2008). This hybridisation not only covers the who (public v. private actors) of today s regulation, but also the how (command-and-control v. responsive regulation) and the where (global, local or intermediate level). Accordingly, regulatory capitalism suggests that: the study of regulatory governance should proceed beyond states, markets and societies into the identification of hybrid forms of regulation and towards the creation of autonomous regulatory spaces that blur the distinctions between the global and the national (Levi-Faur 2010: 3). The new landscape of food governance offers a playground, as it were, to start exploring these issues. It indeed constitutes a complex mixture of regulatory arrangements with multiple partners at multiple levels. To give some examples of how public, private, national and global rule-making activities may collude: there are several national governments involved in the adaptation of the private standard GlobalGAP to the domestic situation. Furthermore, national food safety authorities are also engaging with national and international private certification schemes in the context of their risk-based framework for compliance and enforcement (Garcia Martinez, Verbruggen and Fearne 2013, Havinga and Van Waarden 2013). Clearly, these developments challenge existing concepts and theories of effectiveness, accountability and legitimacy, and enforcement of law and regulation (Meidinger 2009b, Verbruggen 2009, Scott, Cafaggi and Senden 2011). Who decides on the norms and the interpretation of norms in hybrid forms of governance? How can decisions of hybrid regulatory bodies be challenged? What is the responsibility of public authorities participating in private or hybrid organization of food governance? What if governments recognize particular private standards or certification bodies? What if private standards 2
include compliance with national and international law in the standard (as they usually do)? These are pertinent questions that are at the heart of current academic debates in law and governance. References Braithwaite, J. (2008) Regulatory Capitalism: How it Works, Ideas for Making it Work Better, Edward Elgar, Cheltenham. Fairman, R., C. Yapp (2005) Enforced Self-Regulation, Prescription, and Conceptions of Compliance within Small Businesses: The Impact of Enforcement, Law and Policy 27(4), 491-519. Fulponi, L. (2006) Private Voluntary Standards in the Food System: The Perspective of Major Food Retailers in OECD Countries, Food Policy 31(1), 1 13. Garcia Martinez, M., A. Fearne, J. Caswell, S. Henson (2007) Co-regulation as a Possible Model for Food Safety Governance: Opportunities for Public-Private Partnerships, Food Policy 32(3), 299-314. Garcia Martinez, P. Verbruggen, A. Fearne (2013) Risk-based Approaches to Food Safety Regulation: What Role for Co-regulation?, Journal of Risk Research, forthcoming. Havinga, T., F. van Waarden (2013) Veilig voedsel: Toezicht toevertrouwen? Sectorschets toezicht in de voedselsector (Report for the Dutch Scientific Council for Government Policy) Den Haag: WRR (Webpublicatie nr 70). Havinga, T. (2006) Private Regulation of Food Safety by Supermarkets, Law and Policy 28(4), 515-533. Havinga, T. (2012) Transitions in Food Governance in Europe. From national towards EU and global regulation and from public towards hybrid and private forms of governance Nijmegen Sociology of Law Working Papers Series 2012/02. Nijmegen: Institute for Sociology of Law. Henson, S., J. Humphrey (2009) The Impacts of Private Food Safety Standards on the Food Chain and on Public Standard-Setting Processes Paper Prepared for FAO/WHO, http://www.fao.org/docrep/012/i1132e/i1132e00.pdf. Marsden, T., A. Flynn, M. Harrison (2000) Consuming Interests: The Social Provision of Foods, University College London Press, London. Marsden, T., R. Lee, A. Flynn, S. Thankappan (2010) The New Regulation and Governance of Food. Beyond the Food Crisis? Routledge, New York. Meidinger, E. (2009a) Private Import Safety Regulation, in C. Coglianese, A.M. Finkel, D. Zaring (eds) Import Safety: Regulatory Governance in the Global Economy, pp. 233-253, University of Pennsylvania Press, Philadelphia. Meidinger, E. (2009b) Competitive Supragovernmental Regulation: How Could It Be Democratic?, Chicago Journal of International Law 8(2), 513-534. Levi-Faur, D. (2005) The Global Diffusion of Regulatory Capitalism, The Annals of the American Academy of Political and Social Sciences 598(1), 12 32. Levi-Faur, D. (2010) Regulation and Regulatory Governance, Jerusalem Papers in Regulation & Governance Working (Paper No. 1), http://regulation.huji.ac.il/papers/jp1.pdf, accessed 15 Augustus 2012. Scott, C., F. Cafaggi, L. Senden (2011) The Conceptual and Constitutional Challenge of Transnational Private Regulation, Journal of Law and Society 38(1), 1-19. Verbruggen, P. (2009) Does Co-regulation Strengthen EU Legitimacy? European Law Journal 15(4), 425-441. 3
PRELIMINARY WORKSHOP PROGRAMME Hybridisation of Food Governance: Trends, Types and Results Thursday, 15 May 2014 Huize Heyendael, De Beelzaal 9.30 Welcome by the Organizers Tetty Havinga & Paul Verbruggen (Radboud University Nijmegen) 9.45-11.15 Session I: Hybridisation of Food Governance: Setting the Scene Hybridisation of Food Safety Governance: Trends, Types and Results Tetty Havinga (Associate Professor Sociology of Law, Institute for Sociology of Law, Radboud University Nijmegen, the Netherlands) Hybridization of Regulation and Democratic Governance Colin Scott (Professor of EU Law and Governance, University College Dublin) Impact of Hybridization of Food Governance in Developing Countries Spencer Henson (Professor of Economics of Food Safety and Quality; Food and Agricultural Development Issues, University of Guelph, Ontario, Canada & Institute for Development Studies, University of Sussex, Brighton, UK) 11.30-13.00 Session II: Global Developments The enforcement of private food safety standards: promise and pitfalls of third party certification Elena Fagotto (Fellow at the Ash Center for Democratic Governance, Harvard Kennedy School, Cambridge, MA, United States) Developments in Global Food Safety Governance (t.b.c.) Linda Fulponi (Senior Economist at the Trade and Agriculture Directorate of the Organisation for Economic Co-operation and Development, Paris, France) 14.30-16.00 Session III: Hybridisation in National Context I Assessing the Efficiency of Management-based Regulation: A Case Study of UK Meat Hygiene Controls Mohamud Hussein (Agricultural Economist, Food and Environment Research Agency (Fera), Defra, York, United Kingdom) [Co authors: Marian Garcia Martinez and Andrew Fearne Kent University] Meta-regulation in Food Safety Controls in the Netherlands Paul Verbruggen (Assistant Professor of Civil Law, Onderzoekcentrum Onderneming en Recht, Radboud University Nijmegen, the Netherlands) 4
16.30-17.30 Session IV: Hybridisation in National Context II Food safety in the Netherlands, a risk based approach and public-privatpartnerships Hans Beuger (Senior Public Health Officer Food Safety, Netherlands Food and Consumer Product Safety Authority, Utrecht, the Netherlands) Understanding the influence of governance characteristics on food safety management systems: Bridging the gap between policy and quality management Pieternel Luning (Associate Professor, Wageningen University Agrotechnology & Food Sciences, Wageningen, the Netherlands) Klementina Kirezieva (PhD student Wageningen University Agrotechnology & Food Sciences, Wageningen, the Netherlands) 19.00 Conference dinner Friday, 16 May 2014 Huize Heyendael, De Beelzaal 9.30-11.00 Session V: Private Food Standards and State Law Private Standards and the Role of Contract (t.b.c.) Fabrizio Cafaggi (Scuola Superiore della Pubblica Amministrazione, Rome, Italy and Director of the Center for Judicial Cooperation, European University Institute, Florence, Italy) (t.b.c) Private Food Standards and European Law (t.b.c.) Donal Casey (Lecturer in European Law, Kent Law School, University of Kent, Canterbury, UK ) Private food law and state law Bernd van der Meulen (Professor of Law and Governance Wageningen University Social Sciences Wageningen, the Netherlands) 11.15-13.00 Session VI: Accountability and Legitimacy in Food Governance Trusting at a distance. Different modes of building consumer trust and sustainability in global food supply Peter Oosterveer (Associate Professor, Environmental Policy Group Wageningen University, the Netherlands) 5
Hybridisation in the Allocation and Justice on Food Governance (t.b.c.) Agni Kalfagianni (Assistant Professor, Free University Amsterdam, Institute for Environmental Studies, Amsterdam, the Netherlands) Accountability Regimes for Food Experts Alessandra Arcuri (Associate Professor in International Economic Law, Erasmus School of Law, Rotterdam, the Netherlands) 14.30-16.00 Session VII: Organic Food and Fair Trade (t.b.c.) Meta-regulation in Organic Food (t.b.c) Yonatan Schvartzman (Post doctoral researcher, Department of Political Science and Government Aarhus University, Aarhus, Denmark) Survival by certification? Promises and pitfalls of hybrid food governance in the Windward Islands banana industry Haakon Aasprong (PhD fellow, Norwegian University of Science and Technology, Department of Social Anthropology, Trondheim, Norway) 16.30-17.30 Session VIII: Consumer Protection and Food Governance Protecting the Consumer against Unhealthy Nutrition (t.b.c.) Alberto Alemanno (Associate Professor Jean Monnet Chair of EU Law & Risk Regulation, l'ecole des Hautes Etudes Commerciales, Paris, France) Safeguarding Consumer Protection in Food (t.b.c.) Frans van Waarden (Professor of Sociology, University College Utrecht, Utrecht University, the Netherlands) 17.30-18.00 Closing Statement and Wrap-up Tetty Havinga & Paul Verbruggen (Radboud University Nijmegen, the Netherlands) 6