La dimensione giuridica del Terroir
Creators: name: Bertinato, Matteo
Publisher: name: Universit� di Trento. Dipartimento di scienze giuridiche
Year: 2017

description: This paper is structured into three main areas: in the first one, the main goal is to reconstruct the nature and meaning of a subtle and poorly-defined concept, through an interdisciplinary dialogue between hard sciences and social sciences, inseparable and evolutionary elements, tangible and intangible elements, tradition and innovation. With the help of history and the testimonies of distinguished scholars, it focuses on the development of the concept of terroir in relation to social, economic and environmental dynamics that have expanded the meaning whilst safeguarding the basic core: from res naturalis to res non naturalis. The "hard" sciences help to clarify the first part, the "social" sciences that which evolves. To this end, the final considerations in the first chapter seek to understand the legal framework of terroir, which has brought out another "evolution" - res incorporales - intangible assets in terms of intellectual property, which aims to defend a distinctive identity perceived as an asset of considerable interest. The second area focuses on the legal translation of the term terroir, as interpreted in the acronyms used by the EU quality policy, such as PDO/PGI, and the Italian and French historical antecedents, DOCG, DOC, IGT, AOC. The charm of the issue joins here with the skein of the relationship between the sources, a subject that the contemporary jurist has systematically been called on to handle. Constant attention is given to the concept of quality, developed, on the one hand, in the interpretation and evolution of CJEU as a difference between materiality and immateriality, and, on the other hand, in relation to the product specification, as a compromise of a pact aiming at an effective quality. With reference to the Disciplinare di produzione, I focus on the main aspect of territory and on the problem of the border. How to reconcile the demarcation of the production area with the needs of local social communities? One focus is on the tendency of legal systems to classify the demarcated areas into shrinking plots, to distinguish different climatic situations that can have an effect on the diversity of the final product. In the conclusion we investigate the peculiar relationship between PDO/PGI and geographic brands. The third area of discussion focuses on sustainability. Aided by Reg. (EU) n.1151/2012, which orientation over-stresses the socio-economic perspective, focus is afforded to environmental sustainability, raising the question of whether the security framework ensured by the geographical indications like res incorporalis has lost sight of that part of the intrinsic materiality of the object/subject (the territory), which requires equally specific protection. To re-ensure sustainability in an acronym that safeguards the highest quality today seems to fix an indispensable basis for a much-needed perspective de iure condendo. Finally, in this reinterpretation of the PDO/PGI system, we endeavor to highlight the role of the consumer of foods whose characteristics are enhanced by the regulated standards.