Abstract

MARICHAL, María Eugenia. Towards the global alignment in the regional harmonization: the Mercosur food additive regulation. Rev. Derecho Estado [online]. 2015, n.34, pp.183-202. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n34.09.

This paper aims to analyze the way in which international regulation of global agencies such as FAO, WTO and WHO limits and conditions the possibilities of an autonomous making process of the regional food law. This is shown from a particular case study: the food additive authorization process in Mercosur. First, the paper presents a brief global food law mapping, mainly the WTO Agreements regarding food law. We try to demonstrate its influence in the Mercosur region food law harmonization that take place through the Grupo Mercado Comun resolutions. Second, the case study is explained (food additives authorization) describing the way in which the regional normative produce an alignment effect behind externally produced standards. Nevertheless, this normative brings a rule exception (the regional origin botanical species) that allows us to envisage an alternative way of emancipatory regulation.

Keywords : Mercosur; regional integration; international law; food stuffs legislation; food additive.

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