Identify at least 3 drawbacks, and 3 positives of having a national regulatory framework, versus wine region specific? This is imperative in this thesis, as it articulates what is meant by “optimum” regulatory framework that is proposed in Chapter 6 of this thesis.
Order Instructions
This thesis addresses the issue of wine law and regulation in different jurisdictions. The question that it addresses is what an optimum wine law regulatory framework is, and how can this be cultivated? The particular research questions that are to be answered are outlined in the corresponding chapters below.
CHAPTER 1 (5,000 words)
Chapter 1 identifies the different laws comprising wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. It describes what a regulatory framework comprises, and what an optimum regulatory framework is.
The research questions in this chapter are: (A) What is the scope of “wine law”? And (B) define what is meant by an “optimum” regulatory framework? These should be addressed as follows:
A. What is Wine Law?
This part of the chapter should explain that underpinning the wine law framework are various laws that make up “wine law”. The laws include: the Constitution of the particular country, Intellectual Property Law, Taxation Law (Federal, State and Local), Water Law, Contract Law, Property Law, and Torts Law. This thesis will focus on the first three (Constitutional Law, IP and Tax) in Victoria, Virginia, France and Italy only.
Only refer to the relevant laws, and legislation. Do not include or copy the contents of the individual Code/Statutory sections. This is to be reserved for Chapter 2, and I will do this at a later date. Also, do not include anything about the Constitutions here. There is a whole section in Chapter 2 dedicated to this.
B. What is an “Optimum” Regulatory Framework?
This chapter should define an “optimum” regulatory framework (or models), as it is woven throughout the thesis.
It should differentiate between a regulatory framework, and an “optimum” (or ideal) regulatory framework. In other words, there are a number of formulas for framing an “optimum” regulatory framework, and this is what some of the models are. In order to outline what these “formulas” are, it is necessary to look to legal theories, including: economic theory, capture theory, the rule of law, and public interest theory (e.g. Stigler’s and Posner’s characterisation of the Public Interest Theory). I have included 2 articles: “Models of Internet Governance”, and “Competition, Innovation and Productivity Growth”.
Both of these articles have key themes, and references that are to be included in this chapter. The article “Models of Internet Governance” adopts a very good structure in the way that it is written!
This is an extremely important section of the thesis, as it will be referred to in Chapters 2 and 6. Chapter 2 describes what the current wine law frameworks are in Italy, France, Victoria and Virginia. Chapter 6 identifies what the optimum regulatory framework for wine law is or should be. All the chapters leading up to Chapter 6 support the model or optimum framework proposed.
I need precise references to law, statutory references, Directives, and Code sections in this chapter. I need references to legal and economic theories to be accurate, and not just copied from a webpage. I do not want webpage references. Please focus on accuracy and high level writing.
CHAPTER 2 (14,250 words)
Chapter 1 identified the different laws comprising wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. It described what a regulatory framework comprises, and what an optimum regulatory framework is.
Chapter 2 follows by identifying the different regulatory frameworks overarching wine law in Victoria, Virginia (New World areas), France and Italy (Old World areas) only. Chapter 2 does this by first identifying what the different frameworks are, and provides an illustrative model of each. The chapter then follows by explaining how the laws identified in Chapter 1 in these wine areas interact within the framework. It does this by explaining how the laws interact from the perspective of a Consumer, the Wine Industry (vineyards, and wine makers), Political/Economic (state/country/governmental).
The research questions in this chapter are: (A) What are the different regulatory frameworks within which wine law in Victoria, Virginia, Italy and France operates? And (B) how do the laws interact within these regulatory frameworks to achieve certain goals from the perspective of the Consumer, Industry, and Government?
A. Legal Regulatory Frameworks
What are the legal regulatory frameworks governing wine law in the “New World” (in this thesis, Victoria in Australia, and Virginia in the United States), and the “Old World” (in this thesis, France and Italy)?
VIP point! Remember that “wine law” (or laws governing wine labelling, the wine industry, wine preparation, and wine consumption listed in Chapter 1) is to be distinguished from the “framework” in which the law operates. In other words, there is different regulatory framework for wine law depending on the wine region, country, and therein whether it a region within the “New World” or “Old World”. This difference (i.e. “regulatory framework” vs. “law”) must have been made very clear in Chapter 1. This is because the thesis focuses on proposing an optimum “regulatory framework” for “New World” regions. The purpose of this thesis is NOT to amend existing law governing taxes, or intellectual property etc. For example, one of the points that should be made in this chapter are the drawbacks of a particular regulatory framework (e.g. the regulatory framework within which wine law operates in France is very engrained, and may not work in New World regions such as Victoria).
A. Different Regulatory Frameworks of 2 New World areas – Victoria, Virginia
This is a descriptive section of the chapter. It describes the regulatory frameworks within which wine law operates. It should bridge Chapter 1 Part A.
i. Victoria
Law (already referred to in Chapter 1): When describing Victoria, mention that there are Federal laws (one is the Australian Grape and Wine Authority Act 2013; the other was the Australian Wine and Brandy Corporation Act 1980), that is administered by “Wine Australia”.
Framework: There is essentially a “National” regulatory framework. In other words, each individual region (e.g. Yarra Valley, Gippsland – in Victoria) lacks an individual regulatory framework (because wine law exists at a federal level). There are co-ops and smaller organizations, for example, that assist wineries (need to explain how!) in these regions. But, they do not administer the law.
Include a diagram/illustration of the wine law framework in Victoria.
ii. Virginia
Need to do research with this component of the chapter. Similar to Victoria, there are national laws governing wine law. Make a brief reference to the laws referred to in Chapter 1, and who implements the laws (e.g. who determines boundaries of wine regions, wine licenses for wineries (NOT retailers), etc). The regulatory framework is therefore more national, rather than by region.
Include a diagram/illustration of the wine law framework in Virginia.
B. Different Regulatory Frameworks of 2 Old World areas – Italy and France
The following from Chapter 1 needs to be briefly mentioned to outline the regulatory framework. In Europe, for example, there are various EU Directives (these Directives need to be identified, but the contents of each are not to be copied out or included in this chapter, nor in Chapter 1) that govern the wine industry at a National Level. That each EU country implements these directives, with some slight variation (these variations should be noted). But, that each region within Italy (e.g. Bologna, Florence, Parma), and France (e.g. Bordeaux, etc.), has its own wine regulatory framework (i.e. who administers wine practices, breach of intellectual property, that grapes from one region actually make wine in that region etc. And that this forms part of a larger wine law regulatory framework. This needs some research to be undertaken to accurately describe the operation of the regulatory frameworks within which wine law operates in and for these two countries (France and Italy).
The operation of these frameworks must be described, and an illustrative model/diagram included).
C. Difference for variation in regulatory frameworks overarching wine law in the New World and Old World areas
This section of Chapter 2 explains the motivating factors behind the development and operation of the regulatory frameworks in these 4 areas (Virginia, Victoria, Italy and France).
i. Interaction of Laws: Consumer, Industry, and Government?
A short paragraph describing the significance of the interaction of laws from the perspective of a consumer, industry participants (i.e. wineries), and the government. And why this is important for explaining the operation of the regulatory frameworks, and why they developed the way they have.
Consumer
• Who the consumer is. Important factors for them is safety, price of wine, quality (moreso in the Old World, though). How does the regulatory framework cater to this? Research (not webpages!) will need to be undertaken to flesh this out. Consumers are important in shaping the regulatory framework overarching wine law because wine is increasingly consumer-driven.
• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how?
Industry
• Who are the industry participants? Wineries are the focus here. Important regulatory factors are affordability of production, ability to produce (i.e. not inhibited by boundary classification of wine region), competition (i.e. being able to export to different countries/ prohibiting import of wine from other countries or regions), environmental/climate factors (but focus on the law and legal regulation! As this is not a science PhD).
• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how?
Government
• This is multifaceted. As there are regulatory authorities administering the Wine regulatory framework at a national level (e.g. Intellectual Property/Branding is done by national bodies in all of these 4 areas – IP Australia, USPTO, EU; Taxes are administered on a State and Federal/National level; Competition is influenced by tariffs imposed by governments, etc.). The government seeks revenue and compliance with laws.
• Given these factors, how do the laws interact within the regulatory framework? How well do the laws interact? If they don’t (e.g. there are gaps, or overlaps in the operation of certain statutory/Code/Directives/regulation), then is this due to the regulatory framework in which the laws operate? Or do the laws need to be rectified? If so, why and how? For example, at present, there is a lot that can be done to encourage new wineries in New World regions such as Virginia and Victoria. This could be done through the Tax system (e.g. encourage R&D, rebates for new wineries, loosen up trade barriers particularly in the EU). This section needs to have precise referencing (not webpages! Or Wikipedia).
• This section should also identify strengths/flaws/gaps/drawbacks of the frameworks from the perspective of each of these entity types (i.e. Consumer, Industry and Government). The purpose of identifying strengths/drawbacks/gaps of frameworks is vital to Chapter 6 (i.e. proposing an optimum or model framework).
D. Constitutional Influence
Mentioning the significance of the Constitution is also important. The Constitutional Law of New World countries (the US and Australia), that underpin the wine law regulatory frameworks, vary in themselves. This section should mention what Amendment/s of the US Constitution govern “wine law” in the US (only list the particular Amendment of the US Constitution – not the content of the Amendment). Then outline what sections of the Australian Constitution governs wine law (only list the sections of the Constitution – not the content of the sections). The Constitutional underpinnings have shaped the laws, which appear to have (in a way) shaped the wine law regulatory frameworks in Virginia (on the one hand), and Victoria (on the other).
E. Chapter Summary
Therein, identify whether the wine law regulatory frameworks in the “New World” (i.e. Victoria in Australia, and Virginia in the United States), are truly influenced significantly by the “Old World” (i.e. by established regimes – France and Italy)?
Summary of the similarities, and differences in the regulatory frameworks of these regions (e.g. is there a Federal or National body formerly regulating Wine Law)?
Identify at least 3 drawbacks, and 3 positives of having a national regulatory framework, versus wine region specific? This is imperative in this thesis, as it articulates what is meant by “optimum” regulatory framework that is proposed in Chapter 6 of this thesis.
