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FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective natural resource management”
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FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Dec 30, 2015

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Page 1: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

FAO’S Development Law Service

Law and Development at FAO

“Sound legal frameworks are essential to achieving sustainable agricultural development and effective natural resource management”

Page 2: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Role of Development Law Service (DLS)

Focal point for the legal aspects of

agriculture and natural resource

management

Assistance with the design of

appropriate legal frameworks

Page 3: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Specific Functions

1) Legal advisory services to

Member Countries

2) International legal

instruments

3) Legal information

4) Research and studies

5) Capacity building

Page 4: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Principles of Advisory Assistance

Advice tailored to specific national context

Sharing experiences and solutions

National law in compliance with international

obligations

Multidisciplinary approach

Involvement of all categories of stakeholders

Page 5: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Comparative advantage of legal assistance from DLS

Legal advice by lawyers on aspects of agriculture

Consistent recommendations across countries

Benefit of comparative experience

Quality control from centralized unit

Independence of ideas and objectivity of advice

Innovative solutions at countries’ disposal

Page 6: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Other reasons for requesting DLS assistance

Too many different issues to address

Lack of time

Lack of lawyers

Lack of knowledge of international context and obligations

Lack of comparative examples

Page 7: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

FAO Legal Office work in the veterinary field

Animal Production

Animal Genetic Resources

Animal Movement

Animal Identification

Animal Health

Animal Welfare

Slaughterhouses

Products of Animal Origin

Meat Inspection

Dairy Sector

Animal Feed

Veterinary Drugs

Veterinary Services

Veterinarians and

Paraveterinarians

Control Measures for Specific

Diseases

Page 8: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Reasons to reform of National Veterinary Legal Frameworks

The legislation is outdated or has gaps

To meet international obligations

To harmonize their laws in accomplishment with regional

arrangements

New national policies in place

Governments need new powers which existing legislation does

not provide for

Foreign investment is often triggered by updates to the legal

framework

Page 9: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

The process of drafting legislation in technical assistance projects

1. Compile and analyze existing legislation (not just veterinary legislation)

2. Determine the hierarchy of existing legislative instruments and the status of veterinary law

3. Find out what is actually happening on the ground with the current written law

4. Identify challenges, gaps, areas for improvement5. Propose a number of solutions for the legal

framework (taking into account national capacities and the country context)

Page 10: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Characteristics of a good legislative drafting process

Extensive participation of:

Government

Private stakeholder

Consumer groups

Page 11: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Key issues (1)

1. To understand what to address through main law and what through subsidiary instruments: sometimes, it’s not possible or not easy to amend principal legislation

2. To identify which problems need legislative solutions and which can be resolved through other means

Page 12: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Key issues (2)

3. Not to confuse policy and law

4. To resolve policy issues before drafting legislation

5. To build capacity in the country

Page 13: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Some Recent Examples of FAO Legal Assistance…

Page 14: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Examples (1)

Animal Health

Panama: Draft Animal Health Law and Regulations

West Africa Region: Draft Animal Health Regulation

Cambodia, Timor Leste: Draft Animal Health Laws

Meat Inspection

Somalia: Draft Law on Meat Inspection and Control

Page 15: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Examples (2)

Dairy Products

Uruguay: Law on Milk Production and Commercialization of Milk

Products

Veterinary Drugs

Mozambique: Draft Veterinary Drugs Law

Livestock Identification

Ukraine: Draft Legislation on Establishment of Livestock

Identification System

Page 16: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Examples (3)

Animal Feed

Central America: Draft Regional Regulation on Feed Safety

Specific Animal Diseases

Lithuania: Proposed Regulations for Measures to Control

Transmission of Echinococcocis

Veterinary Profession

Rwanda: Draft Legislation on Veterinary Profession

Page 17: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Examples (4)

Paraveterinarians

Jordan: Recommended

Amendments to Take

Account of Village Animal

Health Workers

Dairy Development

Barbados: Draft Dairy

Development Board Act

Page 18: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Publications...

Page 19: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Legislative Studies

Page 20: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

Legal Papers Online

Page 21: FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective.

THANK YOU FOR YOUR ATTENTION

Contact us:Contact us:

[email protected]

[email protected]

[email protected]

For more information:For more information:

www.fao.org/legal/