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SMEs in the (Food) Global Value Chain. A European Private Law Perspective

Dates:
  • Tue 28 Jan 2020 10.00 - 12.00
  Add to Calendar 2020-01-28 10:00 2020-01-28 12:00 Europe/Paris SMEs in the (Food) Global Value Chain. A European Private Law Perspective

This dissertation is about the approach of EU private law towards the regulation of fair trading practices along the global value chain and about the parallel development of SMEs as a new legal status. The thesis starts from the assumption that the transformation of the global economy into global supply chains has undermined traditional private laws as historically embodying the diverse cultural traditions and socioeconomic realities of the member states. These traditions portray the socioeconomic role of small businesses in various ways. However, the conventional schemas of national private laws struggle, both in their substance and enforcement dimensions, with the destabilizing effect brought about by the global chain. At the same time, the supply chain has provided leeway for innovative forms of private regulation by means of contract. The EU uses this leeway to manage persistent national differences in B2b trading practices. By means of co-regulation, the EU transforms national fair trading laws through three parallel mechanisms: the re-definition of SMEs as actors in the internal market; the establishment of new mechanisms for enforcement; the promotion of new substantive standards for trading practices.

The thesis takes the food sector as the blueprint for analysis. The global food chain unfolds potentially shocking effects on local traditions and ingredients. Policy makers, in Europe and abroad, struggle to mitigate the effects of supermarket-led supply chains on agricultural activities and food retail services. In B2b relationships, the lower-case b stands for small businesses in their market relations with bigger economic actors. Small agri-businesses and retailers embody the diversity of justice, economic and policy values across the different legal and socioeconomic traditions of European countries. This diversity is present in the different combinations of contract, competition and trading legislations that have historically shaped the role of SMEs as players in the market. Next to traditional approaches to SMEs, new modes of regulation through contract emerge and consolidate in the global chain. This transformation vests the EU with a new role in the governance of the food chain by means of co-regulation. By reflecting on the changing relationship between the traditional private laws of the member states and the new EU trading regulations for the food chain, this thesis sheds light on a new ‘experimentalist’ model of EU private law governance for the global economy.

Sala dei Levrieri - Villa Salviati- Castle DD/MM/YYYY
  Sala dei Levrieri - Villa Salviati- Castle

This dissertation is about the approach of EU private law towards the regulation of fair trading practices along the global value chain and about the parallel development of SMEs as a new legal status. The thesis starts from the assumption that the transformation of the global economy into global supply chains has undermined traditional private laws as historically embodying the diverse cultural traditions and socioeconomic realities of the member states. These traditions portray the socioeconomic role of small businesses in various ways. However, the conventional schemas of national private laws struggle, both in their substance and enforcement dimensions, with the destabilizing effect brought about by the global chain. At the same time, the supply chain has provided leeway for innovative forms of private regulation by means of contract. The EU uses this leeway to manage persistent national differences in B2b trading practices. By means of co-regulation, the EU transforms national fair trading laws through three parallel mechanisms: the re-definition of SMEs as actors in the internal market; the establishment of new mechanisms for enforcement; the promotion of new substantive standards for trading practices.

The thesis takes the food sector as the blueprint for analysis. The global food chain unfolds potentially shocking effects on local traditions and ingredients. Policy makers, in Europe and abroad, struggle to mitigate the effects of supermarket-led supply chains on agricultural activities and food retail services. In B2b relationships, the lower-case b stands for small businesses in their market relations with bigger economic actors. Small agri-businesses and retailers embody the diversity of justice, economic and policy values across the different legal and socioeconomic traditions of European countries. This diversity is present in the different combinations of contract, competition and trading legislations that have historically shaped the role of SMEs as players in the market. Next to traditional approaches to SMEs, new modes of regulation through contract emerge and consolidate in the global chain. This transformation vests the EU with a new role in the governance of the food chain by means of co-regulation. By reflecting on the changing relationship between the traditional private laws of the member states and the new EU trading regulations for the food chain, this thesis sheds light on a new ‘experimentalist’ model of EU private law governance for the global economy.


Location:
Sala dei Levrieri - Villa Salviati- Castle

Affiliation:
Department of Law

Type:
Thesis defence

Contact:
Claudia de Concini (EUI - Law) - Send a mail

Defendant:
María De La Cuesta De Los Mozos (EUI - Law)

Examiner:
Prof. Martijn Hesselink (European University Institute)
Prof. Antonina Bakardjieva-Engelbrekt (Stockholm University)
Prof. Sergio Cámara Lapuente (University of La Rioja)

Supervisor:
Prof. Hans-W. Micklitz (EUI - RSCAS - University of Helsinki)

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