International Economic Law and the Right to Food

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This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food
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  Nadia C.S. Lambek • Priscilla Claeys Adrienna Wong • Lea Brilmayer Editors Rethinking ood Systems Structural Challenges ew Strategies and the Law ~ pringer   ditors Nadia C.S. Lambek Toronto, Ontario, Canada Priscilla Claeys Center for Philosophy o Law University ofLouvain, Louvain-la-Neuve Belgium Adrienna Wong San Francisco, California, USA Lea Brilmayer Yale Law School New Haven, Connecticut, USA ISBN 978 94~007 7777 4 ISBN 978-94-007-7778-1 (eBook) DOl I 0.1007/978-94-007-7778-1 Springer Dordrecht Heidelberg New York London Library of Congress Control Number: 2013953923 ©Springer Science+ Business Media Dordrecht 2014 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, re citation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Du plication of his publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media www.springer.com)   ontents Introduction: In Search of Better Options: Food Sovereignty, the Right to Food and Legal Tools for Transforming Food Systems .......... . Priscilla Claeys and Nadia C S Lambek Part I Institutionalizing New Approaches to Managing Food Systems and Addressing Hunger Via Campesina s Struggle for the Right to Food Sovereignty: From Above or from Below? .................................................... 29 Priscilla Claeys Opportunities and Challenges for Food Sovereignty Policies in Latin America: The Case of Nicaragua....................................... 53 Saulo Araujo and Wendy Godek Implementing the Right to Food in Uganda: Advances, Challenges and the Way Forward ................ :................................................. 75 Isabella Rae Part Regulating for Change Respecting and Protecting the Right to Food: When States Must Get Out of the Kitchen .......................................................................... 101 Nadia C S Lambek Regulating Land Grabs: Third Party States, Social Activism and International Law..................................................................... 123 Lea Brilmayer and William J Moon From Threat to Opportunity? Problems with Codes of Conduct for Land Grabbing ................................................................. , .... 147 Saturnino M Borras and Jennifer C Franco x  xii Contents Part III Governing for Better Food Systems International Economic Law and the Right to Food.................................... 165 Carmen G Gonzalez The Right to Food Farmers Rights and Intellectual Property Rights: Can Competing Law Be Reconciled? ............................................... 195 Hans Morten Haugen The Reform of the Committee on World Food Security: The Quest for Coherence in Global Governance .......................................... 219 Olivier De Schutter Index .................................................................................................................. 239  International Economic Law and the Right to Food Carmen G Gonzalez Abstract Food insecurity is a product o poverty rather than food scarcity. Its origins lie in economic policies that undermine the livelihoods o small farmers in developing countries and exacerbate North-South inequality. This chapter examines the historic and contemporary practices that contribute to food insecurity in the global South, and analyzes the role o international economic law in perpetuating these practices. The chapter concludes with a variety o concrete measures that the international community might take through law and policy to promote the fundamental human right to food. 1 Introduction The right to food is recognized as a fundamental human right in the Universal Declaration o Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention on the Rights o the Child. 1 Notwithstanding the obligation o states to respect, protect, and fulfill this right, the number o chronically un,dernourished people in the world soared to 1.02 billion in 1 See Universal Declaration o Human Rights, G.A. Res. 217A, at 71, U.N. GAOR, 3d Sess., 1st plen. Mtg., U.N. Doc A/10, art. 25 Dec. 12, 1948); United Nations Convention on the Rights o the Child, arts. 24 27, 1577 U.N.T.S. 3 Nov. 20, 1989); International Covenant on Economic, Social and Cultural Rights ICESCR), G.A. Res. 2200A, art. 11 Dec. 16, 1966), reprinted in 6 I.L.M. 360 1967). Carmen G. Gonzalez is a Professor o Law at Seattle University School o Law. This chapter is an expanded and updated version o an earlier article that was published in the Yale Human Rights and Development Law Journal. See Carmen G. Gonzalez, The Global Food Crisis: Law Policy and the Elusive Quest for Justice 13 YALE HUM. RTs. DEV. L.J. 462 2010). C. G. Gonzalez 18J) Seattle University School o Law, 901 12th Avenue, Seattle, WA 98122, USA e-mail: gonzalez@seattleu.edu N. C.S. Lambek et al. eds.), Rethinking Food Systems 165 DOl 10.1007/978-94-007 -7778-1_ 8, © Springer Science+ Business Media Dordrecht 2014
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