Summary: Comparative Food Law: Us, China And Eu

Read the summary and the most important questions on Comparative Food Law: US, China and EU

• Lecture 1- Introduction to Comparative Law

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• Essential questions for CL Analysis in food law

  1. Who makes the rules? 
     
  2. How are the rules adopted? 
  3. What type of rule? 
  4. What does the rule say? 
  5. How can the rule be affected by third parties (challenging the rule)?

• What is the difference between civil law and common law?

  1.  Civil Law= EU and Common Law = UK/ USA
  2. Civil Law is based on Napoleon Civil Code and Roman Law. Common Law is based on courts finding an equitable solution, even shaping the law
  3. Civil law judges as the investigators whom determine the facts and apply the law. Common law precedents shape future decisions. 
  4. Civil law has limited impact of case law
  5. Common law= codification in status only for certain fields????

• Lecture 2- An introduction to the US legal system and US food law

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• What is the system of Checks and Balances?

  1. Legislative Branch 
     
  1. Enacts Laws
  2. Executive Branch
  1. Implements laws
  3. Judicial Branch 
  1. Interprets and enforces laws

• What are the primary sources of law in the US?

  1. Constitutions 
     
  1. Federal 
  2. State
  2. Statutes (Laws) 
  1. Legislatures
  3. Regulations, rules, orders
  1. Administrative agencies 
  4. Executive orders, proclamations  
  1. US President
  5. Court decisions
  1. Case/ Law/ Common Law 

• What is the role of the US Constitution?

  1. Allocates specific powers to US

  1. Commerce clause (Critical for food law)
  2. Necessary and Proper Clause
  3. Supremacy Clause (Authorises preemption)

       2. Reserves powers to the States
  

  1. Tenth Amendment

       3. Protects Rights of citizens
  

  1. First Amendment

• What is the Tenth Amendment?

  1. US cant force states to regulate
  2. Coercion or voluntary cooperation is allowed 
  3. Federal inducement often leads to federal state cooperation  

• What is the first amendment?

  "Congress shall make no law...abridging the freedom of speech"

• What are examples to the specific powers the US Constitution allocates to the US?

  1. Commerce clause (Critical for food law)
  1. Congress shall have power to regulate Commerce with foreign nations and among the several states and with the indian tribes
  2. Necessary and Proper Clause
  1. Congress can make all laws 'necessary and proper' for carrying out its other Constitutional powers
  3. Supremacy Clause 
  1. Authorises preemption

• What does the Supremecy clause authorise?

  - It authorises preemption
  - "This constitution, and the laws of the US.. Shall be the supreme law of the land..."

• How is preemption disputed in Court cases?

  1. If the federal government has authority
  1. Express provision in statute or regulation
  2. Constitutional authority
  2. If the federal government intends to preempt
  1. Preemption language in statute
  2. Federal and state laws may conflict
  3. federal law may occupy the field