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LITES – Legal Issues in
Transdisciplinary Environmental Studies 2
Series Editors: Massimo Monteduro · Saverio Di Benedetto
Alessandro Isoni

Alessandro Isoni
Michele Troisi
Maurizia Pierri Editors

Food Diversity
Between Rights,
Duties and
Autonomies
Legal Perspectives for a Scientific,
Cultural and Social Debate on
the Right to Food and Agroecology
LITES – Legal Issues in Transdisciplinary
Environmental Studies

Volume 2

Series editors
Massimo Monteduro
University of Salento, Lecce, Italy
Saverio Di Benedetto
University of Salento, Lecce, Italy
Alessandro Isoni
University of Salento, Lecce, Italy
The ‘Legal Issues in Transdisciplinary Environmental Studies’ (LITES) Book Series
is based on the assumption that the process of dialogue and cultural integration
between law, life and earth sciences, and social and human sciences should be
strengthened and updated, by relying on transdisciplinary research platforms such
as agroecology, environmental studies, environmental science, and sustainability
science. According to the new paradigm of social-ecological systems (SES), the
concept of the environment is conceived as a complex system of relationships
between ecological and social factors, including the cultural and economic ones.
The primary purpose of law, in this conceptual framework, is to preside over the
durability of the essential conditions for the survival of the social-ecological systems
and the protection of life at all scales (of individuals, societies, ecosystems).
LITES Series aims to explore the relationships between legal and environmental
sciences according to a transdisciplinary perspective. On the one hand, natural and
social environmental sciences need to integrate the point of view of law: this entails
to study the complexities of SES in the light of normative and institutional variables,
with the lens of categories such as rights, duties, powers, responsibilities, and
procedural safeguards. On the other hand, law is called upon to review its own
internal geometries, confronting them with the holistic approach toward sustainabil-
ity in the scientific debate. Accordingly, law should address the need of changing the
approach that so far has led to both hypertrophy and disarticulation when regulating
closely linked matters such as the environment, agriculture, forestry, landscape and
cultural heritage, energy, and food.
LITES Series is addressed to a wide international and interdisciplinary reader-
ship, targeting academic researchers and scholars, experts and practitioner lawyers,
public administrations, judges, and law-makers. Its volume editors and contributing
authors have different backgrounds and come from all over the world in order to
provide a forum for discussion and normative analysis about new legal frontiers of
human-environment interactions across disciplinary barriers.

More information about this series at http://www.springer.com/series/15038

Alessandro Isoni • Michele Troisi • Maurizia Pierri
Editors

Food Diversity Between

Rights, Duties and
Autonomies
Legal Perspectives for a Scientific, Cultural
and Social Debate on the Right to Food and
Agroecology
Editors
Alessandro Isoni Michele Troisi
Department of History, Society and Department of Legal Studies
Human Studies University of Salento
University of Salento Lecce, Italy
Lecce, Italy

Maurizia Pierri
Department of Legal Studies
University of Salento
Lecce, Italy

ISSN 2522-5049 ISSN 2522-5057 (electronic)

LITES – Legal Issues in Transdisciplinary Environmental Studies
ISBN 978-3-319-75195-5 ISBN 978-3-319-75196-2 (eBook)
https://doi.org/10.1007/978-3-319-75196-2

Library of Congress Control Number: 2018933578

© Springer International Publishing AG, part of Springer Nature 2018

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part
of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this
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from the relevant protective laws and regulations and therefore free for general use.
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Printed on acid-free paper

This Springer imprint is published by the registered company Springer International Publishing AG part of
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The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Introduction

This collective volume, entitled “The Food Diversity Between Rights, Duties and
Autonomies: Legal Perspectives for a Scientific, Cultural and Social Debate on the
Right to Food and Agroecology”, contains the proceedings of a workshop held in
Lecce (Italy) on 6–7 May 2015 with the same title.
The idea of analysing this topic arose from the opportunity given by the 2015
Milan Expo to reflect on the issues concerning, on the one hand, the difficulty in
feeding an ever-increasing world population and, on the other hand, the need of
building new productive systems able to preserve the planet from overexploitation.
For the first time, this volume brings together legal scholars, agroecologists,
historians and sociologists coming from different countries to reflect on an issue
that has never been studied until now with this wide range of cultural perspectives, in
the hope of contributing to promote a transdisciplinary dialogue among different
research experiences and scientific languages.
In fact, the concept of “food diversity” is a synthesis of multiple diversities:
biodiversity of ecological sources of food supply; socio-territorial diversity; cultural
diversity of food traditions. The role of law in the analysis of this theme is not
prominent but serving: in fact, it is a necessary instrument for protecting the food
diversity as an essential element of the right to food, understood as a human but also
cultural right, connected to territory and conditioned by the progressive loss of
biodiversity.
On a structural level, the volume is composed of three parts. The first part focuses
on the theme of food diversity, agro-biodiversity and typicality, putting these issues
in relation to territories, tourism and rural development. The second part highlights
the multi-dimensionality of the right to food, which justifies the methodological
choice of a trans-disciplinary research on this theme. The third and last part is
devoted to analyse legal questions concerning regulations aiming to protect both
the food diversity and the right to food, in the light of political, economic and social

v
vi Introduction

implications related to the problem of feeding world population respecting, at the

same time, local communities’ rights, especially in the developing and less devel-
oped countries.
In this line, according to a transdisciplinary perspective, the book collects 28 con-
tributions, each of them devoted to a different feature concerning this complex and
multifaceted issue, to create a polyocular scientific framework.
Contents

Part I Food Diversity, Agrobiodiversity and Typicality: Territories,

Tourism, Rural Development
A Comprehensive and Participatory Approach to the Valorisation
of Biodiverse Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Gianluca Brunori, Adanella Rossi, and Simona D’Amico
Remarks on Integrated Production (IP), Different Agricultural
Systems and Coordinating Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Giuseppina Buia
Genetically Modified Organisms as Politicizing Products? . . . . . . . . . . 37
Guido Ruivenkamp
Agroecology and Geographical Indications at the WTO and in
the EU Between Magic and Rationality: ‘Reinventing’ Marketing
Designations to Preserve Rural Economy, Cultural Heritage
and the Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Rocco Palma
Food Diversity and Typicality in EU and in Italian Law: Protected
Designations of Origin (PDOs); Protected Geographical
Indications (PGIs); Traditional Speciality Guaranteed (TSGs) . . . . . . . 91
Silvia Bolognini
Regional Development of Rural Areas and Promotion of Local Foods:
Comparing the EU and US Approach . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Elizabeth Dooley and Allison Condra
“Short Food Supply Chain” and Promotion of Local Food in EU
and Italian Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Giuliana Strambi

vii
viii Contents

Rural Development and Food Diversity in France . . . . . . . . . . . . . . . . . 145

Séverin Jean
Regional Quality Labels for Agro-Food Products . . . . . . . . . . . . . . . . . 163
Clelia Losavio
Agro-Food Typicality and Cultural Heritage: The Case
of the Mediterranean Diet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Aida Giulia Arabia
The Role of Gastronomy and Typical Foods in the Tourism
Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Luca Zamparini

Part II Food Diversity in a Multidimensional Perspective: Food

Traditions, Food Security, Right to Food, Market’s Evolutionary
Processes
Diversity of Food Traditions: A Historical Perspective on Invention
and Transformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Alessandro Isoni
Food Security: A Challenge for a Global Governance . . . . . . . . . . . . . . 217
Fabio Pollice, Valentina Albanese, and Giulia Urso
Considerations on the Subject of Food Security and Food Safety . . . . . 229
Francesco Fabrizio Tuccari
Right to Food and “Tragedy” of the Commons . . . . . . . . . . . . . . . . . . . 243
Antonio Gusmai
The Constitutional Protection of the Right to Food in Bolivia
and Ecuador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Anjeza Sina
The Impact of Biofuels on the Realization of the Human
Right to Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
Martina Cutazzo
The Matter “Alimentation” in the Italian Constitution . . . . . . . . . . . . . 293
Antonello Denuzzo
Consumer Choice as a Pathway to Food Diversity: A Case Study
of Açaí Berry Product Labelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Hope Johnson, Christine Parker, and Rowena Maguire
Critical Consumption and Ethical Purchasing Groups (GAS) . . . . . . . . 323
Roberto Franco Greco and Virginia Tascagni
From Districts to Agricultural Enterprise Networks . . . . . . . . . . . . . . . 345
Nicola Lucifero
Contents ix

Company Management Oriented Towards Sustainable

Development: An Indirect Form of Protection of Food Diversity? . . . . . 365
Serenella Luchena

Part III Food Diversity as a Legal Value: Principles, Aspects

and Problems
The Multifaceted Nature of “Food Diversity” as a Life-Related
Legal Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Massimo Monteduro
Cultural Heritage, Food Diversity and International Law . . . . . . . . . . . 419
Saverio Di Benedetto
Food Diversity Between Human and Cultural Rights, Food
Sovereignty and Protection of Intangible Cultural Heritage . . . . . . . . . 439
Maurizia Pierri
Food, Culture and Law: The Terms of an Evolving Relationship . . . . . 457
Marco Brocca
Food Diversity and Legal Protection of “Made in Italy” Label . . . . . . . 477
Rosa Calderazzi
The Right to Food and Food Diversity in the Italian Constitution . . . . . 485
Michele Troisi
About the Editors and Contributors

About the Editors

Alessandro Isoni Associate Professor of Constitutional History, Department of

History, Society and Human Studies, University of Salento (Italy).
Formerly Senior Researcher and Assistant Professor of Constitutional History and
Public Law at the Department of History, Society and Human Studies, University of
Salento. In 1999, he graduated in Political Sciences, final mark 110/110 summa cum
laude at the University of Sassari. In 2001, he received an LLM degree in “National,
Supranational and International Law of Market and Public Policies” by the Advanced
School ISUFI (Institute of Advanced Interdisciplinary Studies) of the University of
Salento. In 2005, he received the PhD degree with distinction in “Economics and
Market Law” by the Advanced School ISUFI (Institute of Advanced Interdisciplinary
Studies) of the University of Salento. Since 2005, he has lectured in courses for the
University of Salento in Administrative Law and History of the Italian Administra-
tion and Public Law. On 24 December 2013, he obtained the National Scientific
Qualification as Associate Professor in History of Political Institutions. He is a
member of the editorial board of some reviews, like Eunomia, Historia Magistra
and Itinerari di Ricerca Storica. He has been an invited speaker in national and
international conferences. He is a cofounder of the Group LAIR “Law and Agroecol-
ogy – Ius et Rus” established at the University of Salento. He has been an author of
several articles and studies about the political and historical causes of the ECSC High
Authority, together with other studies concerning the European integration institu-
tional features and, in addition, other studies devoted to the parliamentary select
committees in Italy under the Albertine Statute and the Republican Constitution.
Among his recent publications are: Isoni A (2012) Farewell to the European Com-
munity. The Lisbon Treaty and the Conceptual Shifts of a Sui Generis Public Law
Experience. Eunomia 1(1):85–98; Isoni A (2012) Federalismo e sussidiarietà nel
processo di integrazione europea. In: Tedoldi L (ed) Alla ricerca della statualità. Un
confronto storico-politico su Stato, federalismo e democrazia in Italia e in Europa.

xi
xii About the Editors and Contributors

QuiEdit, Verona, pp 181–200; Isoni A (2014) “Fonder la République”. The French

National Convention and the Revolutionary Government (1793–94). Parliaments,
Estates and Representation 34 (1):40–54, Isoni A (2014), Jean Monnet, the UN
Administrative System and the Creation of the ECSC High Authority. In: Mechi L,
Migani G, Petrini F (eds.), Networks of Global Governance. International Organisa-
tions and European Integration in a Historical Perspective. Cambridge Scholars
Publishing, Newcastle Upon Tyne, pp. 61–76; Isoni A (2015) The Common Agri-
culture Policy (CAP): Achievements and Future Prospects. In: Monteduro
M. Buongiorno P. Di Benedetto S, Isoni A (eds.) Law and Agroecology. A Trans-
disciplinary Dialogue. Springer, Berlin Heidelberg, pp. 185–205; Isoni A (2017) La
Royal Australian Navy e il blocco del Canale d’Otranto 1917–1918. In: Denitto A,
Masella L (eds.) La Puglia e la Grande Guerra. Besa, Nardò.
Email: alessandro.isoni@unisalento.it
Web: https://www.unisalento.it/web/guest/scheda_personale/-/people/
alessandro.isoni

Maurizia Pierri Full Researcher of Public Comparative Law, Department of Legal

Studies, University of Salento (Italy).
She is currently Assistant Professor of Public Comparative Law at The Faculty of
Social, Political and Educational Sciences, University of Salento. In 1989, she
graduated in Law, final mark 110/110 summa cum laude at the Tor Vergata
University of Rome. Since 1991 to 2004, she was Public Services Adviser
(DPCM, 18/4/1995) for studies and researches in the Authority for Strikes in Public
Services, ex lege 12/6/1990, n. 146. In 1998, she had the Admission to the Bar
(Lecce) and in 2006 a contract for research in “Constitutional Transition in Latin-
American countries, with a particular regard to Chilean situation” (University of
Salento). In 2009, she received the international PhD degree in Comparative Polit-
ical Social Systems (University of Salento). She is a member of the Editorial Board
of Eunomia and of some scientific series. She has been an invited speaker in national
and international conferences. In 2013, her paper “The limits of procedural democ-
racy in intercultural conflicts about values” has been accepted and presented in the
XXIII World Congress of Philosophy and is currently being published in the Pro-
ceedings of the Congress. She has been author of several articles and studies on
administrative authorities, minorities rights and federalism. She is a member of the
Group LAIR “Law and Agroecology – Ius et Rus” established at University of
Salento. Among her recent publications are: Pierri M (2012) La funzione familiare
della donna nella prospettiva delle gender theories. In: Various Authors, Studi in
onore di Aldo Loiodice. Bari, Cacucci, pp 1021–1033; Pierri M (2012) Il Welfare
State e la cultura dell’illegalità. In: Perrotta C, Sunna C (eds) L’arretratezza del
Mezzogiorno. Le idee, l’economia, la storia. Bruno Mondadori, Milano-Torino, pp
210–229; Pierri M (2012) Regioni e welfare: l’impatto del federalismo fiscale sugli
squilibri tra Nord e Sud d’Italia. In: Various Authors, Il regionalismo italiano
dall’Unità alla Costituzione e alla sua riforma, vol. 2. Atti del Convegno ISSIRFA,
“Il regionalismo italiano dall’Unità alla Costituzione e alla sua riforma”, 20–21–22
About the Editors and Contributors xiii

ottobre 2011. Milano, Giuffrè, pp 687–704; Pierri M (2012) La tutela delle

iperminoranze in India. In: Poggeschi G (ed) Le iperminoranze. Pensa, Lecce, pp
113–136; Pierri M (2012) La razionalizzazione del rapporto di fiducia nella forma di
governo parlamentare. Nuova Rassegna di Legislazione, Dottrina e Giurisprudenza
16:1–9; Pierri (2013) Il welfare in Brasile. Diritto Pubblico Comparato ed Europeo
15(4):1457–1483; Pierri M (2013) Federalismo fiscale e sviluppo del territorio
meridionale. In: Amendola A, Musella M (eds) Formazione e relazioni sociali: gli
investimenti virtuosi per rimettere in moto il Mezzogiorno, vol. 7. Giappichelli,
Torino, pp 135–144; Pierri M (2014) Boschi e foreste nel “nuevo
constitucionalismo”, ecologicamente orientato dei Paesi andini. In: Brocca M, Troisi
M (eds) I boschi e le foreste come frontiere del dialogo tra scienze giuridiche e
scienze della vita. Dalle radici storiche alle prospettive future. Editoriale Scientifica,
Napoli, pp 155–162; Pierri M (2015) Agrobiodiversity, Intellectual Property Rights
and Right to Food. In: Monteduro M, Buongiorno P, Di Benedetto S, Isoni A (eds)
Law and Agroecology: A Transdisciplinary Dialogue. Springer, Heidelberg – Dor-
drecht – New York – London, pp 451–470.
Email: maurizia.pierri@unisalento.it
Web: https://www.scienzegiuridiche.unisalento.it/scheda_personale/-/people/
maurizia.pierri

Michele Troisi Full Researcher of Constitutional Law, Department of Legal Stud-

ies, University of Salento (Italy).
He is currently Assistant Professor of Constitutional Justice at the Faculty of Law,
University of Salento. In 2000, he graduated in Law, final mark 110/110 summa cum
laude, at the “Aldo Moro” University of Bari. In 2005, he received the International
PhD degree in Comparative Political Social Systems (University of Salento). Since
2008, he has lectured in courses for University of Salento in Public Law and
Constitutional Law. He has been an invited speaker in national and international
conferences. He is a cofounder of the Group LAIR “Law and Agroecology – Ius et
Rus” established at the University of Salento. He has been an author of several
articles and studies about the right to education, the school in the Constitutional law
and regional electoral laws. Among his recent publications are: Troisi M (2012) Le
assemblee elettive regionali, tra (perenne) crisi d’identità e (labili) segnali di ripresa.
In: Mangiameli S (ed) Il Regionalismo italiano dall’Unità alla Costituzione e alla sua
riforma. Giuffrè, Milano, pp 155–186; Troisi M (2013) La famiglia e misure di
sostegno: la legislazione regionale. In: www.gruppodipisa.it; Troisi M (2014) Il
diritto allo studio. In: Campanelli G, Carducci M, Tondi della Mura V (eds) Diritto
costituzionale regionale della Puglia. Giappichelli, Torino, pp 1–10; Troisi M (2014)
Boschi e foreste e ruolo della Corte costituzionale. In: Brocca M, Troisi M (eds)
Boschi e foreste come frontiere del dialogo tra scienze giuridiche e scienze della vita:
dalle radici storiche alle prospettive future. Editoriale Scientifica, Napoli, pp
163–173; Troisi M (2015) Environment, Landscape, Agriculture and Food in the
Framework of State and Regional Legislative Powers as per Art. 117 of the Italian
Constitution. In: Monteduro M, Buongiorno P, Di Benedetto S, Isoni A (eds) Law
xiv About the Editors and Contributors

and Agroecology: A Transdisciplinary Dialogue. Springer, Heidelberg – Dordrecht –

New York – London, pp 207–226.
Email: michele.troisi@unisalento.it
Web: http://www.giurisprudenza.unisalento.it/scheda_personale/-/people/
michele.troisi

Contributors

Valentina Albanese Department of History and Cultures, University of Bologna,

Bologna, Italy
Aida Giulia Arabia Institute for the Study of Regionalism, Federalism and Self-
Government “Massimo Severo Giannini”, National Research Council, Rome, Italy
Silvia Bolognini Department of Legal Sciences, University of Udine, Udine, Italy
Marco Brocca Department of Legal Studies, University of Salento, Lecce, Italy
Gianluca Brunori Department of Agronomy and Management of the
Agroecosystems, University of Pisa, Pisa, Italy
Giuseppina Buia Department of Legal Studies, University of Salento, Lecce, Italy
Rosa Calderazzi Department of Economics, Management and Trade Law, Univer-
sity “Aldo Moro” of Bari, Bari, Italy
Allison Condra Davis Wright Tremaine LLP, Portland, OR, USA
Martina Cutazzo University of Salento, Lecce, Italy
Simona D’Amico Department of Agricultural, Food and Agro-Environmental Sci-
ences, University of Pisa, Pisa, Italy
Antonello Denuzzo University of Salento, Lecce, Italy
Saverio Di Benedetto Department of Legal Studies, University of Salento, Lecce,
Italy
Elizabeth Dooley University of Exeter, Exeter, UK
Roberto Franco Greco University of Salento, Lecce, Italy
Antonio Gusmai Department of Legal Studies, University of Salento, Lecce, Italy
Alessandro Isoni Department of History, Society and Human Studies, University
of Salento, Lecce, Italy
Séverin Jean Institute of Judicial Studies for Urban Planning and Construction
(IEJUC), Toulouse 1 Capitole University, Toulouse, France
About the Editors and Contributors xv

Hope Johnson Queensland University of Technology School of Law, International

Law and Global and Governance Research Program, Brisbane, QLD, Australia
Clelia Losavio Institute for the Study of Regionalism, Federalism and Self-
Government “Massimo Severo Giannini”, National Research Council, Rome, Italy
Serenella Luchena Department of Economic Sciences, University of Salento,
Lecce, Italy
Nicola Lucifero Department of Agricultural, Food and Forestry Systems, Univer-
sity of Florence, Florence, Italy
Rowena Maguire Queensland University of Technology School of Law, Interna-
tional Law and Global and Governance Research Program, Brisbane, QLD,
Australia
Massimo Monteduro Department of Legal Studies, University of Salento, Lecce,
Italy
Rocco Palma Department of Economic Studies, Catholic University of Sacred
Heart, Rome, Italy
Christine Parker School of Law, University of Melbourne, Carlton, VIC,
Australia
Maurizia Pierri Department of Legal Studies, University of Salento, Lecce, Italy
Fabio Pollice Department of History, Society and Human Studies, University of
Salento, Lecce, Italy
Adanella Rossi Department of Agronomy and Management of the
Agroecosystems, University of Pisa, Pisa, Italy
Guido Ruivenkamp SADE, University of Wegeningen, Wegeningen, The
Netherlands
Anjeza Sina Department of Legal Studies, University of Salento, Lecce, Italy
Giuliana Strambi Section on International and Comparative Agricultural Law,
Institute for International Legal Studies, National Research Council, Florence, Italy
Virginia Tascagni University of Salento, Lecce, Italy
Michele Troisi Department of Legal Studies, University of Salento, Lecce, Italy
Francesco Fabrizio Tuccari Department of Legal Studies, University of Salento,
Lecce, Italy
Giulia Urso Social Sciences Unit, Gran Sasso Science Institute, L’Aquila, Italy
Luca Zamparini Department of Legal Studies, University of Salento, Lecce, Italy
 Part I
Food Diversity, Agrobiodiversity and
Typicality: Territories, Tourism, Rural
Development
A Comprehensive and Participatory
Approach to the Valorisation of Biodiverse
Products

Gianluca Brunori, Adanella Rossi, and Simona D’Amico

1 Introduction

The loss of biodiversity is currently underway and it has intensified over the past
20 years. The loss of biological diversity is the result of a combination of anthropo-
logical and ecological interrelated factors.1 Studies mention habitat conversion,
invasive alien species, resources overexploitation, climate change and pollution
among the causes of species diversity reduction. Moreover, these factors are likely
to be behind the contraction, or even homogenisation, of species variety, as they
bring with them other environmental damage to ecosystems.2
Agriculture has historically had the largest impact on biodiversity, and it is
expected to continue to be a factor of biodiversity loss in the future.3 The way
food production and consumption are organised in the mainstream industrial food
system is indeed responsible of a high pressure on natural resources. This system has
been relying on agricultural intensification, which has implied the conversion to
predominantly monoculture farming of lands with an original high biodiversity
value, and on the production of few major crops and staples, neglecting the diversity

1
Ash and Fazel (2007) and Mayes et al. (2011).
2
Pimentel et al. (1992), Ash and Fazel (2007) and Mayes et al. (2011).
3
OECD (2008).

G. Brunori (*) · A. Rossi

Department of Agronomy and Management of the Agroecosystems, University of Pisa, Pisa,
Italy
e-mail: gianluca.brunori@unipi.it
S. D’Amico
Department of Agricultural, Food and Agro-Environmental Sciences, University of Pisa, Pisa,
Italy

© Springer International Publishing AG, part of Springer Nature 2018 3

A. Isoni et al. (eds.), Food Diversity Between Rights, Duties and Autonomies,
LITES – Legal Issues in Transdisciplinary Environmental Studies 2,
https://doi.org/10.1007/978-3-319-75196-2_1
4 G. Brunori et al.

of traditional, place-specific, crops.4 The intensive usage of resources by a growing

human population will further exacerbate these negative dynamics.5
Besides reducing biological diversity this model has also undermined cultural
diversity because of the shrinking space left to traditional methods of crops improve-
ment, farming and food traditions that are rooted in specific cultural contexts.6
The transition to sustainable farming systems may contribute to the protection
and enhancement of biodiversity, through the diversification of species and varieties
in the productive cycles and the provision of agro-ecosystem services. Preserving
agro-biodiversity, however, appears as a complex problem that requires systemic
intervention. The particular and diverse nature of values involved in the conservation
of agro-biodiversity and the complexity of the processes that underlie it demand to
address the issue from different perspectives—technical, but also cultural, social and
economic, as well as legal and political. There is the need for significant changes in
the way of managing genetic resources and production activities, in the capacity of
recognising and appreciating the values embodied in the final products, and in the
role of institutional and political environment. Going deeper, this involves deepen-
ing the processes underlying the biodiversity value perception and the development
of coherent practices, looking at the related enabling and hampering factors.
All this has significant implications for the definition of the approaches to the
management of this issue, in all areas of intervention. This is particularly evident for
the research, as shown by the recent EU funded project DIVERSIFOOD, aimed at
studying the factors underlying the consolidation and market valorisation of biodi-
verse food.7 This contribution draws on the experience gained in this project,
considering it as a useful exemplification of the comprehensive and integrated
approach that is needed.

2 Preserving and Enhancing Agro-Biodiversity

Acknowledging and managing the complexity of values connected to agro-

biodiversity, translating them in coherent practices, are the key to its conservation
and valorisation. These processes may take place at different stages of agro-
biodiversity management and interact with other factors, dynamics and processes
that intervene in it. After the illustration of the different values encompassed in

4
Historically, humans have exploited thousands of plant species for food; today, however, most
people on Earth depend on 20 types of plants and three staple crops (rice, wheat, and corn). See
Laverty and Sterling (2003), Gruère et al. (2006) and Padulosi et al. (2013).
5
Ash and Fazel (2007).
6
Ceccarelli and Grando (2007), Morris and Bellon (2004) and Johns et al. (2013).
7
DIVERSIFOOD is a four-years project funded by the European Union within the Horizon 2020
Programme under Grant Agreement no 633571. It involves 21 partners, belonging to 12 countries.
The partners are public and private research institutes and various organisations engaged at regional
level on issues of conservation and enhancement of agro-biodiversity. See: www.diversifood.eu.
A Comprehensive and Participatory Approach to the Valorisation of. . . 5

(agro-)biodiversity and their role for the main actors involved, this section deals
with: the role of the cultural and social dynamics; the meaning and implications of
the different approaches to agro-biodiversity management, with reference to stake-
holder involvement; the significance of strategies of market valorisation of biodi-
verse products, as specific space of alignment and coherence building amongst the
several actors involved; the role of political frameworks within which interventions
to maintain and enhance agro-biodiversity developed.

2.1 Building and Recognising Values of Biodiversity

Through its various components, biodiversity provides different goods and services;
these, in their turns, offer different benefits—ecological, economic, socio-cultural—,
not always easy to distinguish and to evaluate. Furthermore, biodiversity assumes
the form of a public or of an open access good; in both cases, market has proved to be
inefficient. In the first case, normal market process has for a long time failed to catch
the values of some, or all, aspects connected to biodiversity, so not showing its
scarcity. In the second case, the benefits of biodiversity are realised as private
benefits, whereas the associated costs of using biodiversity resources are shared as
social or public costs.8
All this complicates the process of preserving and enhancing biodiversity. How-
ever, the need to assign a value to biodiversity has grown, hand in hand with the
necessity to face the issue of biodiversity increasing reduction through adequate
measures and actions. Some studies identify two main kinds of biodiversity values:
intrinsic values, which are inherent to biodiversity, to the right to exist of the life
forms on which biodiversity builds up; extrinsic values, which grow out of the uses
or applications of the life forms constituting biodiversity.9 Another consolidated
taxonomy, adopted in environmental economics, resolves the overall economic
value of biodiversity into a set of values.10 The first important distinction is between
use values and non-use values. The first derive from the use that people make of
goods and services that can be considered as the by-products of biodiversity. They
are distinguished in direct and indirect use values. The former imply consumption of
resources and are associated to market prices; they refer to goods, such as food,
fibbers, fuel, or medicines. The latter do not imply consumption of resources and are
characterised by a greater difficulty in evaluation; they are linked to services that
mainly refer to the ecosystem services granted by the existence of biodiversity, such
as soil and water conservation, pollination, nutrient cycling, aesthetic components,

8
Government of Ireland (2008).
9
Alho (2008) and Laverty and Sterling (2003).
10
Turner et al. (1994) and OECD (2002).
6 G. Brunori et al.

recreation and other. A particular form of the use value is the option value that refers
to the possibility of a future use of the resources, allowed by a current conservative
management.11 The non-use values refer to not utilitarian values. They encompass
the existence value and the bequest value. The former is the intrinsic value
recognised to the life forms constituting biodiversity, to the mere existence of a
wide range of genetic resources, regardless the possibility of their use; the latter is the
value attributed to the future societies chance to make use of the resources, according
to intergenerational equity principles.
The different stakeholders involved in processes of biodiversity preservation may
perceive these values differently and so may give different importance and attach
different meanings to them.12
What described so far with respect to the value of biodiversity holds in the
context of agro-biodiversity too. The value of agro-biodiversity expresses in
different forms, which, although not all or not fully or easily translatable into
economic value, all are crucial to the appreciation of agro-biodiversity by the
different actors who play a role in the food system. They include actors involved
in all the stages of the food chain, from breeders to consumers, as well as
researchers and policy makers. In the case of farmers, use value of agro-
biodiversity may refer to direct benefits, when the specific genetic resources
allow creating a differentiated offer on the market, and to the functional benefits
deriving from the greater resilience of the agro-ecosystems, which may have an
effect in economic terms too. In the case of consumers, this value expresses in the
opportunity to meet dietary needs (such as nutritional and health-related needs) or
to enjoy sensorial or hedonistic benefits, according to the peculiarities of biodiverse
products. Consumers also benefit of indirect use value, as in the case of utilisation
of recreational or educational services provided by agro-tourism. More in general,
indirect use value relates to the wider positive effects stemming from production
systems and products building on biodiversity. These may include the benefits to
society because of the greater resilience of the agro-ecosystems (which, in its turn,
may translate in future use values by guaranteeing, for instance, food/environment
conservation). At local level, they may include the benefits stemming from the
inclusion of these products in broader programmes of valorisation of territorial
capital (as in the case of many rural development projects). Regarding non-use
value, the role that agriculture may play in conserving and managing biodiversity
is recognised by growing segments of society. Within them, concerned consumers
reward this role also through their consumption choices.

11
It is the case of resources whose value has been untapped yet but can emerge from further research
and experiences.
12
Laverty and Sterling (2003).
A Comprehensive and Participatory Approach to the Valorisation of. . . 7

2.2 The Role of Cultural and Social Dynamics

As said above, the acknowledgment of agro-biodiversity values is crucial to their

production, management and enjoyment.
As more in general for biodiversity values, going from direct use values, through
indirect use values, to potential or intrinsic values (as bequest and existence values)
the tangibility of benefits and furthermore the possibility of their conversion into
economic value decrease. Most of these values are expression of a less utilitarian and
anthropocentric attitude, which relates to cultural and ethical value systems. These
values may however be important in affecting the production and consumption
choices and, more generally, decisions related to its management.
The importance attached to the (need for conservation of) agro-biodiversity is so
closely dependent on the understanding of the interactions between biodiversity and
the societal life conditions and, however, on the importance individually/socially
assigned to the extrinsic and intrinsic values of biodiversity.
The relevance of the cultural determinants emerges also considering the role of
knowledge, culture and skills in the handling of genetic resources (e.g. in farming
and processing activities) and in the enjoyment of benefits stemming from biodiver-
sity (e.g. product quality or aesthetic values of landscape in consuming activities).
The process of co-evolution between the two systems makes this link even more
meaningful. The evolutionary adaptation of ecological biodiversity and of the
knowledge that is needed for its management go in fact together. The same is for
the capacity to appreciate the values of the biodiverse food or the biodiverse natural
environment. The decrease of genetic resources leads to the decrease of cultivation
adaptability to the environment, but also implies a loss of knowledge of their use and
management, in a sort of ‘co-involution’. Furthermore, this affects the potential
values of biodiversity (option and bequest values) twofold, as it loses most of its
significance with the loss of human capabilities to use the genetic resources.
All this confirms how central is the issue of culture in the conservation and
reproduction of (agro-)biodiversity.13 It is evident, on the other hand, that these
culturally mediated processes are dependent on the characteristics of the specific
socio-economic contexts: the ways of looking at biodiversity, of grasping its values,
of understanding the related problems and the need for solutions vary according to
the cultural models and social organisations.14
In that regard, the contexts where the development of the agro-food system has
led to the simplification of both agro-ecosystems and human diets need a relevant
effort to recover knowledge and skills, both from the side of the producers and from
that of consumers. Farmers need not only to adapt the farming activities but also to
reorganise their relational network, to find new opportunities to exchange and share
information. In most of the cases, taking responsibility of the management of agro-
biodiversity also implies a real change of identity, not only to leave the model of

13
Mathez-Stiefel et al. (2009).
14
Nuijten et al. (2013) and Johns et al. (2013).
8 G. Brunori et al.

modern, specialised farmer, but also to move from a socially recognised and often
economically rewarded role of conservation, to an active, community-based engage-
ment in recovering and improving biodiversity. This process involves a considerable
cultural shift. For consumers the needed changes in terms of sensitivity, preferences
and practices is not less demanding, because of the more mediated relationship with
natural resources. The growth of knowledge about the existence and properties of
other species/varieties compared to the few usually marketed and the change of
dietary habits are the first step to any initiative of conservation and valorisation of
agro-biodiversity. Positioning this agro-biodiversity in the specific territorial con-
texts and identifying the specific production systems that manage it represent a
further significant step. This connection is what has characterised the preference
accorded to the typical and traditional food products and has frequently represented
the central element of rural development projects. With an even greater emphasis on
the relational dimension of the recognition of the product value, more recently it is
what underlies the development of localised circuits of production-consumption and
the related community-based engagement for biodiversity enhancement.15
In other contexts, as those of developing countries, where the pool of knowledge
linked to agro-biodiversity has been eroded less because of the survival of the
traditional farming systems and dietary habits, the challenge is to create the condi-
tions to preserve and enhance it while trying to consolidate or improve food
systems.16 Here the role of cultural aspects, linked to social components and, in
general, strongly context-dependent, is even more complex. They may include, for
instance, gender, age, identity, cultural tradition, religious and ethnic or political
conflict issues. These factors deeply shape the relationship with and the evolution of
technologies (varieties, tools, techniques) that are significant to agro-biodiversity
management.17 The interdependencies of cultural and biological diversity and the
need to enhance socio-cultural processes to foster agro-biodiversity is at the basis of
the “biocultural approach” of some regional development programmes.18 On the
other hand, for the same interdependence, enhancing the use of specific genetic
resources is seen as a means to keep food traditions, cultural values and community
and social identities.19
All this points out the importance to work on the deep mechanisms underlying the
cultural and social mediators of agro-biodiversity management. In that regard,
learning processes that develop in the specific social environments and relational
spaces are certainly to be explored.

15
Brunori et al. (2011) and Simoncini (2015).
16
Johns et al. (2013).
17
Nuijten et al. (2013).
18
Mathez-Stiefel et al. (2009).
19
Johns and Eyzaguirre (2006).
A Comprehensive and Participatory Approach to the Valorisation of. . . 9

2.3 The Approach to the Agro-Biodiversity Management

The development of learning processes and through them of new attitudes, knowl-
edge and practices around agro-biodiversity management is closely linked to the
degree of actors’ involvement. This especially concerns farmers and consumers, for
a long time not directly and actively engaged in managing agro-biodiversity.
In this regard, it is particularly meaningful the difference between the conven-
tional approach to genetic improvement and the alternative approaches that have
developed around the objective to tackle agro-biodiversity-related problems.
The conventional approach to crop improvement has been traditionally guided by
the aim of meeting agro-industry needs in terms of crop stability, adaptability to a
wide range of environments and high productivity (both relying on intensive use of
chemicals), as well as wide acceptance of the related final products. Hence, this
approach is effective when operating in uniform and stable environments and at the
expense of biological and cultural diversity. Furthermore, it does not need much
autonomy by farmers, but rather relies on control of know-out and a well organised
marketing of reproductive material and related needed inputs.
The willing to overcome the limitations of this approach has led to seek a closer
relationship with environmental, biological and cultural specificities of contexts. To
that end, Participatory Crop Improvement (PCI) aims at linking the conventional,
globalised crop improvement approach with localised and culture specific ones. It
seeks combining productivity and cost-effectiveness with maintenance and enhance-
ment of agro-biodiversity and cultural diversity.20 The PCI-strategy is twofold: on
one side, it inserts huge genetic diversity into the local farming systems; on the other,
it relies on farmers’ capacity to select, conserve, re-produce and exchange seeds that
prove to be particularly suitable to the specific environment and to the local farming
and food traditions.21
Central to these approaches is evidently the direct involvement of farmers in the
various stages of agro-biodiversity management. PCI includes Participatory Variety
Selection (PVS), Participatory Plant Breeding (PPB) and in-situ conservation of
crops. PVS involves farmers and other stakeholders along the food chain together
with researchers in the selection of varieties from formal and farmer-based collec-
tions and trials. The selection criteria give particular importance to the suitability of
the varieties to local agro-ecosystems, as well as to needs, uses and preferences of the
involved stakeholders. PPB sees the same approach applied to the different plant
breeding stages of the process of plant breeding. Finally, in-situ conservation is a
strategy for crops conservation that relies on farmers taking up, growing and
exchanging seeds. It generates genetic varieties that, while being common in certain
ecological and cultural environments, may be absent from conventional seed bank
catalogues (the ex-situ conservation).22

20
Hardon (1995).
21
Almekinders and Elings (2001).
22
Almekinders and Elings (2001).
10 G. Brunori et al.

PCI has been spreading in marginal and changing ecological environments of

developing countries where small and traditional—sometime subsistence—farming
is predominant. In these contexts, PCI worked to compensate the ineffectiveness of
conventional crop improvement approaches.23 Its more suitable approach relies on
the use of locally adapted genetic resources and learning from traditional knowledge
to deal with environmental variation and production risks.24 Furthermore, in some
experiences, special attention is given to gender issues. The involvement of women
is prioritised for their relevant but also specific role in farming. Involving women is
seen as a way to consider broader varieties of seeds, breeding, farming and conser-
vation techniques that may be suitable to as much broader cultural and ecological
environments.25
Hence, PCI results in valorising biological and cultural diversity, as well as in
empowering rural communities, while responding to the needs of traditional farming
systems in marginal environments. However, its positive impact highly depends on
how it is implemented. In this regard, the degree of genetic diversity used and the
level of involvement of farmers and other local stakeholders, besides scientists, are
crucial.26
More recently, PCI has been adopted also in developed countries, where it again
represents an alternative approach to the practices supported by the mainstream
scientific and agro-industrial system. Also, in this case it refers to the guiding
principles of reintroducing genetic variety in farming systems, by valorising the
specific characteristics of local environments and the knowledge, skills and prefer-
ences of farmers and other stakeholders, with respect to the conventional powerful
role of scientists and input-industry agents.
In these contexts, the participatory involvement of farmers and the other chain
agents is even more significant, because of the force of the hegemonic culture that
informs any aspects of technology of farming and processing stages and of the loss
of autonomy, decision power, knowledge and skills that has interested their actors
over the modernisation of agro-food system. We have already mentioned these
aspects dealing with cultural factors. Likewise, the involvement of users and final
consumers radically changes the condition in which they usually play their role,
generally passive and disadvantage in terms of knowledge, skills and decision
power. In this regard, there is an increasing attention to the opportunities stemming
from processes of ‘value co-production’.27 In both cases, it thus emerges how the
engagement of these stakeholders in the process of production, management and
enjoyment of biodiversity is not just a matter of rights, but also implies the existence
of enabling conditions for its actualisation.

23
Tripp (1997).
24
Clawson (1985) and Van Noordwijk et al. (1994).
25
Farnworth and Jiggins (2003).
26
Morris and Bellon (2004).
27
Krucken (2005).
A Comprehensive and Participatory Approach to the Valorisation of. . . 11

2.4 The Potential of Market Valorisation of Biodiverse Food

The conservation and enhancement of biodiversity finds important opportunities in

the market valorisation of the final products.28 The appreciation of these products on
the market may generate income for the chain actors and indirectly for other actors
involved, and at the same time spread further knowledge about the existence and
properties of the products. In both cases, it may contribute to the maintenance of the
production systems and the related environmental and social benefits. Furthermore, a
market valorisation of these products may play an important role in broader strate-
gies of enhancement and promotion of territorial resources, favouring the creation of
synergies among different sectors.
This economic valorisation assumes specific characters in different socio-
economic contexts.
In developing countries, structuring the marketing of these products, by the
creation of proper value chains, is considered a way to overcome the limitations
because of the subsistence level of farming or the scant knowledge out of the local
contexts of production-utilisation or, in general, logistic difficulties. This may
increase social welfare by generating income opportunities and new small econo-
mies.29 It may also be seen as the needed condition to broaden the commercialisation
of the products to catch other opportunities in niche or novelty markets linked to the
increasing interest towards ‘new varieties’.30 It is recognised the role that these
processes play in broader territorial development strategies aimed at increasing local
livelihood.
In developed countries, marketing strategies focusing on products whose prop-
erties build on specific genetic resources and the related interactions with the local
environments are not new. As said above, many European ‘typical products’ present
this peculiarity, which has been also recognised through geographical indications
since the early 1990s (as the Protected Designation of Origin (PDO) and the
Protected Geographical Indication (PGI)). The market valorisation of these products
has strongly contributed to their reintroduction in the local production-consumption
systems and, more generally, in the food culture and in the eating practices. Again,
also in these contexts, this has favoured processes of local development, thanks to
the synergies created with other economic sectors.
The economic valorisation of products more specifically related to initiatives of
biodiversity conservation—as underutilised or forgotten species—however repre-
sents a more recent opportunity. This is linked both to the new, increasing attention
of public opinion to biodiversity among the other sustainability issues, and, in the
case of food products, to the greater knowledge about nutritional aspects. The latter

28
There are of course also the benefits stemming from the recognition of the ecosystem services
provided by agro-biodiversity through market mechanisms. However, we refer here to the market
valorisation of final biodiverse food products.
29
Will (2008).
30
Padulosi et al. (1999).
12 G. Brunori et al.

is supported by the spread of the findings of researches focusing on health benefits

from underutilised products also out of the scientific environment (as, for example,
in the case of properties of certain grain species/varieties to celiac disease). The
opportunity to create new markets, based on these ‘new products’ and their multiple
uses, is also at the base of the growing interest of public bodies and private economic
actors, which results in multiple initiatives of promotion and valorisation.31

2.5 The Role of the Political Framework

Over the years, policy makers have recognised the importance of preserving and
enhancing biodiversity. This has given rise to a variegated legislative framework that
has contributed to shape the issue and has driven interventions, while at the same
time defining the operating space of involved actors.
Political interventions have been promoted at international, regional, country and
local levels. There have been three main categories of interventions: formal com-
mitments to develop strategies to preserve biodiversity; measures to operationalise
these strategies; legislative acts that allow the legal implementation of the strategies
and operational measures. It is beyond the scope of this contribution to give a
complete overview of the political interventions for biodiversity preservation and
enhancement. However, some milestone cases, at the international and European
level, are reported as examples of the political and legislative contributions to this
matter and as source of insights on the most significant aspects at stake.
The first formal commitment to preserve and enhance biodiversity at the interna-
tional level dates to the early 1990s: the Convention on Biological Diversity (CBD),
signed by 150 Governments at the 1992 Earth Summit in Rio de Janeiro. Through it,
Governments aimed at combining the human need for food, health, shelter and other
human needs with the preservation and enhancement of biodiversity. The Conven-
tion covers key aspects of biodiversity conservation and management, including
natural resource management, and the social, cultural and economic values of
biodiversity.32
To fulfil the obligations deriving from the CBD, in 1998 the European Commis-
sion has adopted the EC Biodiversity Conservation Strategy, through which the
European Union (EU) commits to reduce the rate of biodiversity loss. The theme of
biodiversity conservation returns in the EU Sustainable Development Strategy,
adopted in 2001. In the frame of this strategy, the EU Member States commit to
halt biodiversity loss by the year 2010. To this end, four Biodiversity Action Plans
have been adopted at EU level. They foster cooperation between States and between
States and civil society organisations, as well as set responsibilities for European
Institutions. Moreover, they promote a cross-sectoral approach with actions planned

31
Padulosi et al. (1999).
32
Alho (2008) and Government of Ireland (2008).
A Comprehensive and Participatory Approach to the Valorisation of. . . 13

in the field of agriculture, fisheries, economic and development cooperation, and

conservation of natural resources.33
A range of other multilateral environmental agreements were also established
mainly during the 1970s to protect biodiversity.34 These measures attempt to ensure
a coordinated process for addressing biodiversity loss. Their implementation is
generally at national level through policies that, after valuation, address the sources
of impacts on biodiversity. Valuation, underlying prioritisation and setting of objec-
tives, is to that end the crucial factor.35
As far as it concerns the measures to operationalise the general commitments
towards biodiversity, a relevant contribution comes from the European agricultural
policies, which have over time included the maintenance and enhancement of agro-
biodiversity amongst their main objectives. The various policies offer significant
support to interventions addressed both to maintain or improve agro-biodiversity
looking at final product diversification (food and other products) and to strengthen
functional agro-biodiversity, referring to its capacity to provide eco-system services.
Furthermore, the new programme for rural development (Reg. 1305/2013) includes
these objectives among the priorities of the forms of cooperation underlying the
implementation of the European Innovation Partnership (COM (2012)79), stressing
the importance of a multi-actor, integrated approach to the issue, aimed at actively
involving all the stakeholders.
The support to biodiversity by the EU agricultural policy so focuses on two main
areas of intervention. On the one hand, it addresses the conservation aspect, by
funding interventions that are instrumental to the protection of local species/varie-
ties; on the other hand, it pursues the way of economic valorisation of biodiversity,
by supporting initiatives aimed at qualifying and defending on the market the
specific quality products and at promoting services useful for the local communities.
Among the forms of market valorisation, the former tools are integrated with the
existing EU regulatory system of Geographical Indications aimed at protecting
typical and traditional products (PDO and PGI). As said above, these measures
build on the close link between agro-biodiversity and the biological and cultural
specificities of regional products. Afterwards, the need to intervene not only on the
farming system but rather on the whole value chain has led to consider the key role of
the short supply chains, where favourable conditions for the appreciation of the
product quality can develop.36
As significant it appears the public support provided to the creation and valuation
on the marketplace of environmental services, which is representing one of the most

33
Government of Ireland (2008).
34
They encompass, for example, the Convention on International Trade in Endangered Species, the
Ramsar Convention on Wetlands, the Convention on Protection of the World Cultural and Natural
Heritage, and the Convention on the Conservation of European Wildlife and Natural Habitats.
35
OECD (2008).
36
Naziri (2009) and Simoncini (2015).
14 G. Brunori et al.

promising way to attach economic value to agro-biodiversity.37 Also in this case the
adoption of an integrated approach is crucial. The growth of the environmental
service supply in fact demands cooperation among different actors and related
expertise (farmers and other enterprises, researchers, policy makers and
administrators).
When moving to the regulatory framework, most of the acts concern the devel-
opment, conservation and diffusion of seeds and plant varieties. The most significant
aspect is here represented by the tendency to introduce recognitions and guarantees
to the farmers’ rights to produce, preserve and exchange seeds and the products,
along to the breeders’ property rights and the consumers’ rights to nutritional safety.
This move is meant to acknowledge farmers’ contributions in developing and
preserving seeds and plant varieties, which have become increasingly blatant with
the diffusion of participatory crop improvement and market valorisation strategies.
In 1961, the International Convention for the Protection of New Varieties of
Plants recognised the key role of plant breeders, creating the condition for the
development of a system for plant variety protection working for registered varieties
within the frame of conventional breeding approach. On the other hand, the more
recent International Treaty on Plant Genetic Resource for Food and Agriculture
(ITPGRFA) introduces some inputs to recognise farmers’ rights to save, use,
exchange seeds saved on farm and other propagating material. The Treaty encour-
ages the contracting parties to promote policies, legal measures and strategies to
acknowledge and encourage the contributions of farmers and traditional knowledge
to maintain and reinforce the variety of genetic resources used for farming and food
purposes.
The EU policies reflect the same dynamics. Some Directives, defined to regulate
the production and diffusion of seeds, have been mostly focusing on guarantying
varietal stability and safety. As an example, Dir. 2002/55/EC sets that only seeds
varieties that prove to be distinct, stable and uniform can be registered in official
catalogues and commercialised. Other Directives, such as Dir. 2009/145/EC, have
been passed to open to the acceptance of traditional vegetable landraces that do not
fit the above-mentioned criteria but are relevant to combat genetic erosion. Further-
more, the EU Seed and Plants Reproductive Material Marketing Law has been going
through a process of reform under the pressure of civil society organisations. They
claim that this legislation still fails to adequate the EU regulation to the indications of
the ITPGRFA because it does not safeguard the informal systems of production,
conservation and exchange of reproductive material, which contribute to the biodi-
versity protection and in which farmers and their traditional knowledge play a crucial
role. On the other hand, it has becoming increasingly evident how complex may be a
change of the current system. It in fact demands not only to consider the ethical issue
of the recognition of farmers’ contribution to the development of reproductive
material, but also to face the questions of the legal responsibility for the submission

37
OECD (2008).
A Comprehensive and Participatory Approach to the Valorisation of. . . 15

and of the costs for the variety registration, the variety maintenance and basic seed
production.38
Together with these more recent tendencies in dealing with the issue of biodi-
versity management, it is finally worth mentioning how there is a growing recogni-
tion that effective policies for biodiversity conservation need to focus on the
mitigation of socio-economic pressures on biodiversity, either directly or through
modification of their underlying driving forces.39 This is thought to be the most
effective and durable option to reduce the rate of biodiversity loss. Also, in this case,
the fine-tuning of these measures demands an integrated research approach that
integrate social sciences and economics with biodiversity research.

3 A Comprehensive Approach to Preserving

and Enhancing Agro-Biodiversity: Diversifood

As showed in the previous sections, maintaining and enhancing agro-biodiversity is

a complex process. It involves multiple actors, at the different stages of the food
chain up to consumers; furthermore, it may also include other stakeholders, more in
general interested in the promotion of territorial resources and food culture. The
interactions amongst these actors around the meanings attached to agro-biodiversity,
and the related learning processes and development of new practices that arise from
them are central to agro-biodiversity management. They contribute to the definition,
fine-tuning and running of the specific technical, organisational, cultural, social,
economic and institutional components that, as seen above, are diversely involved in
the various areas of agro-biodiversity management. The need to guarantee and
optimise these interactions and to connect the different areas of action involved
also highlights the importance of the adoption of proper approaches in promoting,
analysing and supporting these processes.
The challenge of DIVERSIFOOD project is to consider all this. The following
sections explain the goals and the approach of this project as an exemplification of
how research can contribute to define and implement comprehensive approaches to
preserving and enhancing agro-biodiversity.
The main objective of the project is to deepen the factors and processes of various
nature that can support the reintroduction of biodiversity in cropping systems,
improve its management and promote a social and economic valorisation of the
related food products through proper communication and value chains.
Underlying this objective is the recognition of the urgent need to move towards
farming systems able to recover and reproduce cultivated diversity, complementing
the not fully effective efforts of ex-situ conservation (e.g. the gene banks) but also

38
Almekinders and Elings (2001).
39
Haberl et al. (2009).
Another random document with
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danger threatens all of us, guardians here of our country’s honour; a
far worse danger threatens me myself than that of an open foe, and
that danger is from yonder powerful fleet, bearing our own country’s
flag, now lying at anchor but a distance of some five or six stades
from our shore. Alas! that it should be so; but it is true; deceit is
hidden beneath those banners of Carthage, dishonour and fraud
menace us and our country alike from the warships upon which they
are flying. Men of Carthage, brave soldiers of Hannibal, will ye help
me to frustrate that fraud, will ye assist me to defeat the schemes of
dishonour which are laid, not only against us all collectively, as the
keepers for Hannibal of New Carthage, but more particularly against
that which it is meditated to put upon me personally? A plot hath
been hatched against the honour of a young girl who hath only your
brave arms and noble hearts to rely upon for her safety. Will ye help
me?”
“We will! we will! We will die for thee and thine honour, Elissa; we
will die for Hannibal. Confusion to the miscreants!”
Such were the hoarse cries that rose from every throat, while in
their rage the soldiers beat upon their shields with their spears for
want of an enemy upon whom they could wreak their fury.
Once more the maiden, whose cheeks had reddened, and whose
heart beat tumultuously at the noise and the shouting, raised her
shapely hand, and again silence fell upon the crowd.
“I thank ye all, my soldiers. I thank each and every one.” She
spoke with visible emotion. “Now hearken attentively to my words,
for time is short. Our forces are small, while those on yonder fleet
are large. Yet, indeed, I know that, should it come to fighting, ye will
fight most valiantly, and to the death if need be. But I am not
prepared, nor do I intend, unless the worst comes to the worst, that
ye should throw away your lives in an unequal battle with yonder
mercenaries. Nay, all of ye have long to live, if ye but implicitly trust
in me and obey unquestioningly the commands that will be put upon
you. Thus, even should the orders that ye will shortly receive appear
unmeaning and futile, and should a long night and morning of
apparently useless marching and work be your portion, yet rely upon
me. Nothing that ye do will be without cause, but all for the common
welfare.
 “For seeing our weakness, if we would not be crushed, we must
meet guile with guile, deceit with deceit. And we will see by to-
morrow’s morn whose plans are the most successfully laid; those of
the crafty general clad in golden armour, whom I can now see
stepping into his galley from the flag ship yonder, or those of
Hannibal’s daughter, the young maiden who now asks you to trust
her.”
“We trust thee! we trust thee, oh, Elissa!” cried all the soldiers
vociferously.
“Then, that is good. One command I lay upon ye all, officers and
men alike: avoid all discourse, if possible, with any who should land
from the ships. But if, from their superior rank, ye cannot avoid
answering the questions of any, then say simply this, no more nor
less, that Saguntum fell more than a week ago, and that part of
Hannibal’s troops are expected to march into Carthagena shortly. I
have done. Now, Captain Gisco, wilt thou give orders to reform the
ranks, tell off the troops for the guard of honour, and carry out the
instructions that thou knowest?”
Swiftly, and in order, the troops reassumed their original formation,
while Elissa, somewhat heated and fatigued after her efforts of
oratory, had the bale of merchandise upon which she had been
standing, moved to the water’s edge, and seated herself where she
could get the sea breeze and watch what was going on outside the
gulf.
Meanwhile, the boom having been opened wide enough to admit
of the passage of boats, the herald had passed through with the
barge of State and conveyed the two letters to the hexireme, which
he rightly conjectured to be the ship of the commander of the fleet.
He was met at the gangway by an officer, who instantly conveyed
him to where Adherbal was sitting under a crimson awning. He was
surrounded by several officers clad like himself in golden armour,
which, with the rich wine cups standing about, betokened that they
were all members of the body of élite already mentioned, and known
in Carthage as the Sacred Band.
Adherbal himself was a dark, very powerfully built, and handsome
man of about thirty. He was continually laughing and showing his
white teeth, and seemed to be generally well contented with his own
person. But his smiles were too many, and his bonhomie often
deceptive, for, although he was personally brave, he was
nevertheless at heart a thorough villain. His wealth being
unbounded, he had been hitherto always able to indulge to the
utmost in the debauchery in which he revelled, and there was no
baseness or fraud to which, by means of his wealth, he had not
frequently descended, in the pursuit of women of immaculate life and
high station in Carthage. He was the leader of the most dissolute
band of young nobles in all Carthage, and his high rank and station
alone as Commander of the Sacred Band, and as the head of the
now paramount family in that city, had hitherto been the means of his
immunity from punishment in any way, either for his own notorious
escapades or for those of the followers who consorted with him, and
who, under his protection, vied with each other in imitating his
iniquities. Among these companions it had frequently been his boast
that there was no woman, no matter of what rank or family, upon
whom he had cast his eyes, who had not, sooner or later, either by
force or fraud, become his victim. And these boasts were,
unfortunately, true; many a family having been made miserable,
many a happy home made wretched by his unbridled license and
wickedness. It was during a drinking bout to which he had invited the
Roman envoys, and when he was boasting as usual in his cups, that
Ariston, one of his companions, jealous of his success where some
woman, whom he himself fancied, was concerned, had taunted him
before all those assembled.
“Oh, yes!” said Ariston banteringly, “we all know that thou art a sad
dog, Adherbal, and that here in Carthage thou wilt soon be
compelled to weep like Alexander, because thou hast no more
worlds left to conquer. For soon, doubtless, either all the maidens will
be dead for love of thee, or else all the fathers of families or the
husbands of pretty wives will have destroyed them to preserve them
from thee. And yet, for all that, I venture to state that there is one
Carthaginian family, whose dishonour thou wouldst more willingly
compass than any other, where even such a seductive dog as thyself
can never hope for success, and whose honour, despite all thine
arts, shall always remain inviolable. And yet, if report says true, there
is a beautiful young maiden in that family, one so lovely, indeed, that
not one of all those who have hitherto felt thy kisses can be
mentioned in the same breath with her. But she is not for thee, oh,
Adherbal! thou most glorious votary of Tanais; no, this is game, my
noble falcon, at which even thou darest not to fly.”
“For whom, then, is this pretty pigeon reserved, my good Ariston?
Is it, perchance, for thine own dovecote that she hath the
distinguished honour of being reserved? Well, here’s to thy success!”
Thus he answered, scornfully tossing off a huge bumper of wine.
“No, not for me either,” replied Ariston; “it is not for me to rashly
venture in where the bold Adherbal dares not even place a foot
within the doorway. But I am sorry for thee, Adherbal, for the pretty
bird would well have suited thy gilded cage in the suburbs of the
Megara.”
“I will wager thee five hundred talents that thou liest, Ariston,”
replied the other, inflamed with wine, and irritated at the banter which
was making the other boon companions laugh at his expense. “I will
wager thee five hundred silver talents,” he repeated, “that there is no
family in Carthage where, if it so please me, I dare not place a foot;
there is no quarry upon whom I dare not swoop, if I so choose, ay,
nor fail to bear off successfully to mine eyrie in the Megara. But
name this most noble family, pray, name this peerless beauty of
thine, and we will see,” and he laughed defiantly, and took another
deep draught of wine.
“I said not a family in Carthage, I said a Carthaginian family,”
answered Ariston, purposely provoking and tantalising him. “I spoke
of a more beautiful girl than either thou or any one at this festive
board hath ever yet seen.”
But now the curiosity of all the other convives, including the
Roman envoys, was aroused.
“The name, the name!” they cried tumultuously; “name the family
and name the girl.”
“The family is that of Hannibal; the girl whose favours even
Adherbal dareth not seek to obtain is Elissa, Hannibal’s daughter.”
“Hannibal! Hannibal’s daughter!”
A hushed awe fell upon the assembled guests as they repeated
these words. Then they burst out into a roar of drunken laughter, and
taunted the boaster.
 “Ha! he hath got thee there, Adherbal; thou hadst better pay up thy
five hundred talents to Ariston at once and look pleasant, and seek
thy revenge another day.”
But Adherbal, furious at the banter and the mention of the hated
name of Hannibal, had sprung to his feet, wine cup in hand.
“I double my wager,” he cried; “not five hundred, but one thousand
talents do I now stake, that by some means or other I gain absolute
possession of the girl. Nay, further, I solemnly vow, by Astarte,
Moloch, and Melcareth, to whom I pour out this libation of wine, to
bring her father Hannibal’s head also, and lay it at the feet of these,
our guests, the Roman envoys. I do not think that, seeing the
mission upon which they have arrived in Carthage, I could promise
them a more acceptable present. But secrecy must be preserved.”
The speech was received with deafening applause by all present,
all being of the anti-Barcine party, and ways and means were
immediately discussed.
 CHAPTER IV.
FOUR CARTHAGINIAN NOBLES.

Adherbal and his companions received the herald insolently,

without rising.
“Well, fellow,” he said, “how comes it that thou darest to trust thy
person upon my ship when thy companions yonder have thought fit
to bar the entrance to their harbour to Carthaginian ships?”
Although the herald’s face flushed, he made an obeisance, but no
other reply than:
“I bring two letters for my lord.”
“From whom are they, fellow?”
“They were given me for my lord by the Regent and Governor of
New Carthage.”
“And who is the Regent and Governor of New Carthage?”
“Elissa, my lord, daughter of Hannibal, the Commander-in-Chief
and Governor-General in Iberia.”
“Elissa, thou knave, thou liest, by Baal Hammon. Why, from all
reports she is but a girl. How old is she?”
“I do not know the Regent’s age, my lord.”
“And are both these letters from this precious Regent?”
“I know not, my lord.”
“Wilt answer me this at once, or for all thy fine clothes I will have
thee ducked in the water alongside. Was it by the orders of this
quean of a girl that those booms were thrown across the harbour
mouths?”
“I have not the honour of being in the Regent’s confidence, my
lord. Maybe that my lord will get the information that he requires on
perusal of these two letters which I have the honour to present to his
lordship.”
And with another obeisance the herald presented them to
Adherbal, who tossed them carelessly on the table before him, and
called for a cup of wine.
 A loud laugh from one of the young nobles seated negligently
close by here interrupted the colloquy; he was evidently in a jovial
mood, and in no awe of the general.
“Upon my word, Adherbal, I think the fellow’s right, and by Astarte,
the sweet goddess of love, he got thee that time. He seems a model
of discretion, at all events. I think that while thou art discussing thy
stoup of wine, I had better take him in hand a bit and see if I can
make him a little more communicative. Look here, my fine fellow,
how many women have they up in the palace there on the hill, and
are they fond of love, and are they pretty, and are there any men
there making love to them, and who is the lover of this Regent and
daughter, or I don’t know what you call her, of New Carthage? And is
there any chance for a good-looking fellow like me, Imlico, the son of
Mago, or for an ugly fellow like that Ariston yonder, son of—who art
thou the son of, Ariston? the wine hath caused me to forget
completely thy distinguished parentage. Or again, think ye, Sir
Herald, that there is to be found within this precious town a
distinguished-looking female who could reciprocate the loving
glances of my portly friend here, the noble Zeno, formerly of
Rhodes? A very firebrand of love is Zeno, and the very prince of
good fellows. I daresay thou art a good enough fellow thyself, by the
bye. Take a cup of wine and think of all my questions and answer
them afterwards. Take thou mine own goblet, ’tis but newly filled; and
are we not both Carthaginians? I wager thee ’tis the first time ever
thou drankest from a golden cup belonging to one of the Sacred
Band.”
And he handed the cup to the herald, who, fearful of offending,
took and drank slowly, sip by sip, as if he were a connoisseur, thus
obviating the necessity for the reply which Imlico awaited patiently.
“Sayest thou nought?” said the somewhat stout noble called Zeno.
“Tell me, Sir Herald, what is the news from Saguntum?”
“Saguntum fell more than a week ago,” answered the herald
readily.
“Saguntum fallen, by Pluto!” exclaimed Adherbal, who had been
getting moody and sulky over his wine, and was sitting with a frown
on his face.
 “And what news of Hannibal?” asked Ariston, thinking that his turn
had now come for a question.
“Some of Hannibal’s troops are expected in from Saguntum very
shortly,” answered the herald once more, with equal readiness.
“Hannibal’s troops coming in shortly! This is getting interesting with
a vengeance!” said Adherbal. “I think I had better read the letters
without further delay.”
Taking a jewelled dagger from his waist, he rapidly cut the silken
threads which, fastened down with a seal, closely held each of the
letters. He examined the signatures.
“I suppose ye drunken fellows would like to know what they are
both about?” he observed familiarly. “Will ye that I read them aloud?
One of them is, I see, from Hannibal, yea, the mighty Hannibal
himself! How knew he I was here? The other is likely to be much
more interesting, it is apparently from my lovely mistress that is to
be, for it is signed and sealed by Elissa, Regent and Governor of
New Carthage. Which shall I read first?”
“Elissa’s, of course,” cried out the three semi-drunken nobles of
the Sacred Band.
“Then I shall disappoint you,” said Adherbal, “and keep Elissa’s
letter to the last. Sweets should always come after solid food. So for
Hannibal first, and may curses light upon his father’s grave.”
Utterly careless of the presence of the herald, or the mercenaries
and officials of the ship, who from curiosity had been thronging round
as close as they dared, to stare at the herald, Adherbal read loudly,
but in a voice slightly thickened from the effects of drink, the letter
which Elissa had dictated and sealed with her father’s signet:—

“In the name of the great Melcareth, the God of Tyre, of

Sidon, and of Carthage, greeting.
“From Hannibal, the son of Hamilcar, Commander-in-Chief
and Governor-General of the Carthaginian Provinces in Iberia,
to the Lord Adherbal, the son of Hanno.
“My lord, I captured the town of Saguntum some seven
days since, and learned from some Roman prisoners that
thou wert coming to New Carthage with a fleet containing
numerous troops for my reinforcement. I thank thee for this
mark of friendship, and the more so as I was not aware that
thou hadst forgotten or forgiven the old party feud between
thy father, Hanno, and my father, Hamilcar. I shall be glad of
thy reinforcement, for this siege hath wasted my troops sorely,
and much fatigued those that are not wounded, the greater
part of whom I am sending to New Carthage at once to recruit
after the fatigues of constant battle.
“As, owing to a wound, I shall myself remain here in
occupation of Saguntum with but a small force for some time,
I shall be glad of thy immediate presence hither, with all thy
force to help, in case of a rising of the Celtiberians, to serve
as a garrison. Therefore, after resting thyself and thine
officers for a day or two at New Carthage, where my daughter,
Elissa, my sister-in-law, Cœcilia, Princess of the Cissanians,
and the various ladies of my daughter’s household will give
thee and thine all becoming entertainment in my palace, I beg
thee to proceed with thy fleet hither at once. This movement
will be also vastly to the interest of thyself, of thine officers,
and of the soldiers accompanying thee. For the amount of our
spoils of war is so immense that the like of it hath never been
seen in any war of which we have any record. Leaving on one
side the enormous amount of gold, silver, and valuables; the
number of young Greek women, whom we hold at present
prisoners in our camp, exceeds by at least three to one the
number of the whole army, and by about six to one the
number of the unwounded or the convalescents. All the
troops, among whom these Greek women have been divided,
are already, owing to the expense of their keep, anxious to
sell them for ready money, of which, owing to the lack of
remittances of pay from Carthage, they are greatly in need.
Many of the younger Greek girls are of excessive beauty, and
as my soldiers will be prepared to sell them for a small sum,
thou canst easily see what a large profit there is to be made
by thine officers and soldiers should they come to Saguntum
and buy them. For when the ships of thy fleet return, after due
repose in Saguntum, the slaves can be sent in the hands of
merchants to Carthage and sold again. Further, I have very
 large cargoes of valuables of every description to remit to the
Government of Carthage, of which naturally thou, my lord,
and all thine officers and crews would retain considerable
shares. Therefore, my lord, I repeat that thy coming to
Saguntum without delay is advisable, for the amount of booty
we have is enormous beyond all calculation.
“(Signed and Sealed) Hannibal.”

After the reading aloud of this epistle, there was much laughter
and jesting among the four nobles on the deck at Hannibal’s
expense. They made fun of his apparent gullibility with reference to
the object of their expedition; they indulged in the lewdest of jests
about the ladies left in the palace, with whom, apparently so
innocently, Hannibal suggested they were to stay for a few days, and
discussed the necessity, if troops were to arrive from Saguntum, of
going ashore at once. They talked openly, for they were all flushed
with wine, of the ease with which the object of their visit to New
Carthage seemed likely to be accomplished, and how, further, they
would easily seize and capture Hannibal himself at Saguntum.
Meanwhile, the troops who were crowded on the decks around were
listening to every word.
“Now, let us see Elissa, my little sweetheart’s, letter,” said
Adherbal gaily. It ran as follows:—

“In the name of Tanais, Queen of Heaven, Queen of Love,

Queen of the Seas, greeting.
“From Elissa, daughter of Hannibal, Regent and Governor
of New Carthage, to Adherbal, the son of Hanno.
“My lord, we are but a few poor women here, and regret
that we have not to-night the wherewithal to entertain a large
force in the place. Further, seeing my lord’s ships in the
distance, I imagined that a Roman fleet was coming to attack
New Carthage in revenge for the siege of Saguntum.
Therefore, I caused booms to be drawn across the entrances
to the harbour. But a letter from Hannibal hath informed me of
thy coming. To-morrow morning, should my lord wish to bring
his fleet into the harbour, the booms will be removed. In the
 meantime, will my lord, bringing such nobles and retainers as
are becoming to his dignity with him, honour our poor palace
with his noble presence?
“My lord, we have but a few troops here, or would have
drawn up an army to salute thee on arrival. Some of
Hannibal’s troops, however, will arrive to-morrow morning,
some also may arrive to-night. To-morrow we will hold a grand
review in my lord’s honour. My lord, thou art welcome to New
Carthage. The sight of a few noblemen of rank from our
mother-country will be in sooth a delight to our eyes.
“We inhabitants of Iberia have not, alas, yet learned all the
arts to charm that are owned by the ladies of Carthage; but
our hearts are warmly inclined in advance to those who come
from our own country. My lord, it is for thee and the nobles of
thy suite to come and teach us what demeanour we had best
assume to be most agreeable. We are young, we are
innocent and untutored provincials, but we are prepared
nevertheless willingly to learn the ways of Carthage.
“Will my lord send by my herald an immediate reply to say if
we may expect his noble presence with us to-night? I am
awaiting my herald, and my lord himself, on the quay.
“(Sealed and Signed)
“Elissa, Regent and Governor of New Carthage.”

There was great excitement among the four dissolute young

nobles, who wished to go ashore at once upon the reading of this
letter. The herald, who had been trembling in his shoes for his own
safety, was thereupon instantly despatched with a hasty note to say
that Adherbal with the three nobles and a few men of his suite were
coming ashore without delay. For, fatuous individuals as they were,
they were completely taken in by Elissa’s letter, and imagined that
they had but to go on shore to capture, not perhaps the town of New
Carthage that night, but certainly the hearts of all the principal ladies
in the palace. And it must be owned that both her own epistle, and
that purporting to come from Hannibal, were sufficient to mislead
less self-confident schemers than Adherbal and his friends. But the
heart of the leader was full of the deepest guile, for all his apparent
simplicity, and he laid his plans before landing.
Before the arrival of the herald at the landing steps, Adherbal and
his party accordingly started from their ship also. They came in two
large boats, the first containing the four nobles, the second, some
forty men with two officers who were to form his escort. These boats
arrived simultaneously at the quay steps, where a guard of honour,
drawn up in two lines, consisting of one hundred spearmen, awaited
them and greeted them with the highest salute. When they had
passed down between the ranks, they found Elissa, with Cleandra
standing a pace behind her, and, behind them again, Gisco and
other officers waiting to receive them.
Smiling sweetly, the young girl advanced confidently to greet them.
“Welcome to New Carthage,” she said, “oh citizens of Old
Carthage.”
Adherbal, bowing with all the grace for which he was famous, took
her hand and respectfully placed his forehead upon it in the Punic
style; then he presented his three companions, Imlico, Zeno, and
Ariston, as his friends, and Elissa in return presented Cleandra.
The beauty of the two ladies quite astonished the four young
nobles; but it was with their eyes only that they could speak what
they felt.
 CHAPTER V.
PLOTS AND COUNTER-PLOTS.

Despite the confidence with which Hannibal’s daughter had

advanced to greet the new-comers, it is not to be supposed that she
felt as bold as she looked. Her heart was beating violently as, with a
smile upon her lips, she greeted the gorgeous strangers glittering in
their golden armour. Nor is this to be wondered at, for well she knew
the terrible risks that she ran, and the perfidy hidden in the breast of
the handsome young Adherbal, who was now gazing upon her with
such ardent admiration in his bold, piercing eyes, that, in spite of
herself, she felt herself blushing a little as she lowered her own lids
before his too evident admiration of her youthful charms.
But she speedily diverted his attention from herself by suggesting
that the nobles should follow her in their own boats to her palace
steps, saying that she would lead the way. She purposely did not ask
them to accompany her, for she wished to have time to think and talk
with Cleandra on the way home.
“What dost thou think of them, Cleandra?” she inquired, as soon
as they started.
“I think that they are all very handsome young men, and most
beautifully attired; Adherbal himself and Imlico are especially
handsome, and they seem to have pleasant ways. I do not think it
possible they can have the evil designs that we imagine.” For
Cleandra, who was young and impressionable, had been caught at
once by a few pretty compliments that the versatile Imlico had
already found time to pay her.
“Be on thy guard in spite of their pleasant ways, dear Cleandra,”
replied the younger and more prudent girl; “for what is the use of
being forewarned by Hannibal if we are not forearmed? Nothing can
make me trust them. Why, think ye, are they come hither with all
their fleet had their designs been good, instead of proceeding at
once to help Hannibal at Saguntum?”
 This reply was convincing, and the rest of the way to the palace
steps was passed by the girls in silence.
Here, and about the palace itself, there was purposely, by Elissa’s
orders, but a very small guard waiting to receive them.
The Carthaginians, arriving with their two boats, noticed this fact
with satisfaction. Their leader sprang to shore in time to gallantly
offer his hand to Elissa, which she gracefully accepted, apologising
at the same time with apparent naïveté.
“Thou seest, General Adherbal, that we have but a poor show of
retainers with whom to welcome thee here. But the reason is plain.
Being but a woman, alone in the palace, and having ever before me
the traditions of the horrible outrages committed by the mercenaries,
who revolted in Hamilcar’s and thy father Hanno’s time, I prefer to
employ all the extra soldiers about the city walls. I only, during
Hannibal’s absence, maintain a guard of some forty men in all to
protect the approaches, the gates, and the palace itself. For what
have I to fear?”
“What, indeed?” replied Adherbal, taking the opportunity to gently
press the little hand that rested on his arm. “Where beauty and virtue
such as thine reign supreme, fair lady Elissa, what harm could come
to the palace that contains such a treasure?” And he looked into her
eyes as if he meant his words.
Elissa, paying no attention to the compliment, continued:
“I see, my lord, that thou hast some baggage with thee. We have, I
trust, despite our small retinue, enough men to spare thy followers
the trouble of disembarking it themselves, which would be but an
inhospitable proceeding. Further, our few soldiers can entertain thy
followers this evening.”
“Baggage? no, my lady Elissa, of that we have but little. Yet have I
ventured to bring ashore, as an unworthy offering to my fair hostess,
a few flagons of the most famous vintages of the old wine for which
the vineyards of Utica are famous. Wilt thou deign to accept it for
thyself and thine household?”
“Most willingly, noble Adherbal, will I accept thy kindly gift. It will
be, indeed, a pleasant change to the household after the thin wines
of Iberia; and, though we ladies are but small drinkers, we shall look
forward to pledging our noble guests in a cup ourselves this very
evening.”
Upon reaching the head of the marble stairs, the herald, who had
returned with the State barge, sounded a clarion blast. Instantly the
postern gate flew open, the sentry saluting as the party entered, to
find, standing upon the porticos of the palace awaiting them, the
Princess Cœcilia and Melania in their grandest robes, with several
pretty female slaves behind them. Adherbal exchanged with Ariston
and Zeno a meaning glance, which they both perfectly understood;
but Imlico was so taken up with Cleandra, to whom he was making
violent love, that he did not catch the leader’s meaning looks. Elissa,
however, noticed them, and explained that, as there were so few
men available, what men there were would be exclusively employed
in entertaining his own escort.
The Princess Cœcilia was all smiles. She looked, as she really
was, delighted to see some strangers of the male sex, and those
strangers, too, of such evident high rank, and wearing such
gorgeous accoutrements. She was an exceedingly good-natured, but
a foolish young woman, and she showed her folly in the extra
warmth of her welcome. Finding that none of the other three nobles
seemed to respond very much, or rather that Zeno responded much
more warmly than the others to her politeness, it was upon him
chiefly that she showered her attentions. As for Ariston, from the
moment that he set eyes upon Melania, he could look at nothing
else.
The guests were promptly shown to gorgeous and most
luxuriously furnished sleeping apartments, with the intimation that a
collation awaited them, as soon as they were ready, on the west
verandah. In a short time, therefore, the nobles, all having doffed
their armour, with the exception of a dagger in a golden waist-belt,
appeared in most beautiful silken raiment, the very latest fashion
from Carthage. And just as the sun was beginning to set over the
western horizon, the eight convives sat down to a sumptuous repast,
served by light-footed female attendants. They reclined on divans at
a round table, Adherbal on the right side of Elissa, then the princess,
next to her Zeno, then Melania and Ariston, next to whom came
Cleandra and Imlico.
 From the situation in which Adherbal was placed, he could see the
road leading to the bridge across the isthmus, and also the far end of
the bridge itself, the nearer half being hidden by the walls. He could
also, by looking to his right, see the heights across the lagoon to the
north of the city. And although he said nothing, he noticed,
nevertheless, vaguely that there was a constant influx of troops
coming from the landward side, and that further, there was a large
encampment of tents being rapidly reared on the hills to the north.
But it did not strike him as being of any importance. He thought
merely that they were some Iberian levies. He devoted himself
equally to Elissa and the wine, which was his own, and excellent,
and the more wine he drank, the more pressing he became in his
attentions to his hostess, who, not quite understanding the customs
of Carthage, very soon felt an alarm which she took care to conceal.
Both Cleandra and Melania were also slightly alarmed as the
dinner wore on; but Cleandra, having taken two cups of wine, began
to have her head turned by the compliments and ready tongue of
Imlico, who had certainly made an impression upon her unattached
affections. Melania was far more cautious with Ariston, whom she
thoroughly disliked from the first; but the young widow, the Princess
Cœcilia, made quite as much love to Zeno as he to her, and, long
before the enormous number of courses which it was customary to
serve in those days had appeared, she had, on the pretence of
feeling a little faint, risen from the feast and taken Zeno off with her
to show him the garden. And her faintness must have lasted a long
time, for she never came back! In the meantime, course after course
appeared, and the wine cup circulated freely; but still, until darkness
fell upon the land, Adherbal could see troops marching into the city,
and still he noticed rows upon rows of tents rising on the northern
hills.
At length, when all had moved away from the table, the night fell.
Adherbal had now become loving in the extreme, and clasped
Elissa’s hands in his and drew her to his side. Coyly, with a slight
resistance, she allowed herself to be so drawn, and coyly, too, but
determinedly, averted her head when he sought to embrace her. He
complained of her cruelty.
 “It is too soon, my lord, too soon,” she uttered shyly. “Why, I have
not even yet known thee one whole day.” She added laughingly,
“Although I am willing to learn the manners of Carthage, I cannot
learn them quite all at once.”
The wine he had drunk made him brutal. In spite of her striving to
hold back, he held the girl closer to him and kissed her averted face.
And then by force he turned her face to him and kissed her
passionately on the lips.
Despite the loathing with which his embrace inspired her, she did
not, as she was merely acting a part, resist at all violently. He could
not, however, see the eyes gleaming with hatred in the darkness; he
only felt the warmth of the little mouth, and, as she had not struggled
much and had uttered no cry, he considered the battle was half won
already. He unmasked his battery without further delay.
“Elissa, dearest Elissa, why shouldst thou resist me? Dost thou not
know that I adore thee? I have come here from Carthage simply
because of hearing of thy charms, for by Astarte, Queen of Love! I
vow that I loved thee in advance; but hearsay is not one-thousandth
part of the reality. Beloved, come to me, for thou wilt and shalt be
mine.”
With his powerful arms he clasped her to him so closely that she
could not move, while he could feel her fluttering heart beating
against his breast. She temporised, concealing her rage for fear.
“My lord,” she whispered softly, “thou knowest that I am much
flattered at having attracted thy attention thus; but still thou must
consider me and my position a little. I am supreme here at present;
and therefore what would Cleandra and Melania, who are but my
slaves, say if they could see me now? Hence, if thou lovest me as
thou sayest, yet release me, I pray thee. If thou choosest, thou canst
still hold my hand. But be cautious.”
He released her, then said abruptly and somewhat angrily:
“Very well, my pretty one, I release thee for the present, for know
this, that whether thou wilt or not, thou art mine, this palace is mine,
and the vice-royalty that thy father Hannibal hath here in Iberia is
mine. It depends simply upon how sweet and loving thou provest
thyself to me now whether I spare his life or not, for know this, so
incensed are the council of One Hundred at Carthage, and all the
people also, at his having attacked Saguntum, and so embroiled
them once more with Rome, that they have sent me here, armed
with a large force, to seize and execute him. And thou, my pretty
sweetheart, hast been decreed unto me as the reward for my trouble
in coming. Therefore, if thou wilt be sweet and loving to me, then for
thy sweet sake I will not only spare thy father’s life, but, when we get
back to Carthage together, for I could never stop long in this country
of barbarians, I will make thee my wife. ’Twere therefore wise for
thee to become my willing partner, and then all will go well.”
Elissa’s anger rose beyond all control at this insulting speech; she
could play her part no longer now.
“I will never be thine,” she said, “thou insolent hound! And as for
thy seizing Hannibal, thou canst not do it. His troops have been
marching in all the evening, and I, with my guard in the palace, can
have thee arrested now this instant if I so choose.”
“Hannibal’s troops here so soon! By Moloch! I did not imagine that
those were the troops of Hannibal that I saw marching in. There is,
indeed, no time to lose. Thou shalt be mine this very night, for thou
hast sought to entrap me, as I imagined thou mightst, for all thy
winning ways. But thou art a little young yet, Elissa, and, when I
have had thee in training for some time, thou shalt see that thou hast
much to learn from the ‘insolent hound,’ as thou so politely hast
termed me.”
“Thine to-night, faugh! Thine never! my Lord Adherbal, for know
that this night thou shalt sleep in the dungeon of the castle, for I will
have thee instantly seized. I have but to cry aloud. And to-morrow
morning thou shalt be crucified.”
“And to-morrow morning, my pretty one, my men will storm the
palace, and, unless they find me alive and well, put every inmate
within it to the sword. Not much storming will, however, be
necessary, for the gates will be opened for them. Therefore, cry
aloud and see what happens, and to-morrow morning crucify me.
But in the meantime I will hold thee as a sweet hostage here in mine
arms.”
As he seized her tightly, she cried aloud:
“Gisco! Idherbal! Gisco, Gisco! Cleandra, Cleandra! Idherbal!”
 She screamed in vain until she was hoarse. At the same time she
could hear Melania screaming loudly also, while from Cleandra, at
the far end of the verandah, some faint protests could be heard.
In vain did Elissa cry aloud until she was exhausted, and
meanwhile Adherbal held her and mocked her. Her plans had utterly
miscarried, and he had been more clever than she. She had given
her men instructions to make his guards drunk, and to be concealed
and ready to come to her assistance instantly when called for. She
had also ordered a reinforcement of double the usual number in the
gate guard-houses. But Adherbal, as he now calmly informed her,
had obtained possession both of the postern gate and of the other
gate of the palace. For he had made all her men within the palace,
and also the guards at the gate-houses, senseless with merely one
cup apiece of drugged wine, brought from the ship for the purpose,
which his attendants had orders to offer them. All, therefore, were
now lying bound and helpless. As for her women, they had been
seized and bound by his men more than an hour ago. Never had
there been such a miscarrying of a deeply-laid plan, for not even her
manœuvre of making Hannibal’s troops appear to march in had
alarmed him.
The poor girl now struggled and fought with the desperation of
despair. All the while she could hear Melania’s cries becoming
weaker and weaker; but Cleandra’s voice was no longer heard.
Eventually Adherbal stifled her cries with his hand. When she was
utterly exhausted, he lifted her in his arms, and with brutal kisses,
accompanied by sarcastic speeches, he triumphantly bore her off
towards his own apartments in the palace.
As with ease he carried off the now half-fainting girl in his arms, he
met some of his own guards, who, having heard the cries, came
forward, staggering with drink, from the back part of the palace.
“Begone instantly, you fools!” he cried; “have ye not both wine and
women enough to amuse ye? see that ye disturb me not again.”
The guards shrank back abashed, and Adherbal passed on with
his burden, Elissa realising in the agony of despair, with what senses
she still had left, that she was utterly helpless in the ruffian’s power.
And then she fell into a swoon.
 CHAPTER VI.
CLEANDRA’S CUNNING.

It is not to be supposed that Imlico had been wooing Cleandra in the

rough and ready fashion that Adherbal, his leader, had adopted; but
he had been more successful. For he had found the pretty young
Spanish maiden like the tow which needed only the smallest spark to
set it on fire, and which blazed outright when touched with a flame.
For Cleandra not only came of the passionate Spanish race, but
was a flirt by nature; and owing to the eight months’ siege of
Saguntum, which had taken all the men away, was utterly tired of
being without a gallant. Moreover, it must be admitted that she was a
cunning and scheming young woman; and, therefore, speedily saw
in the handsome, good-natured, and jovial young noble Imlico a tool
ready to her hand wherewith to execute a project that she had long
had in her heart. This was nothing more nor less than to escape from
New Carthage and Hannibal’s household altogether. For, although
Elissa loved her, and usually treated her more like a sister than a
slave, yet slave she was, and her proud nature could not forget that
circumstance. She well remembered that when but a little girl of
twelve, Hasdrubal had stormed her father’s chief city, killed her
father, and took her mother and herself captive. Her mother had only
survived for a year or two. Hasdrubal had then kept the girl as his
slave until she was seventeen. Then, some two years before his
assassination by a Celt, in revenge for some private wrong, he had
given her to Hannibal, whose sister was Hasdrubal’s first wife, as a
companion for his daughter Elissa. Thus, although at heart
personally attached to Elissa, Cleandra had no love for the family of
Hannibal, through whose relative she had suffered, especially as,
notwithstanding her high birth, she was yet considered by the
household as a slave. Therefore, with her object in view, she did her
utmost to bewitch Imlico, whose handsome bearing she really
admired.