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Food Crises and the WTO
The food and financial crises of 2008 and 2009 have pushed millions more people into poverty and hunger, while changing the parameters of international trade. Both crises have also challenged the fundamentals of WTO rules regulating agriculture, which had been designed to combat trade distortions due to artificially low-priced food commodities. This collection of essays examines to what extent the multilateral trading system contributes to food security in today's volatile markets. Bringing together a renowned group of expert economists, lawyers, environmental and development specialists, it offers a fresh and multi-dimensional perspective combining a strong economic analysis with a comprehensive legal assessment of the interface between food security and international trade regulation. Together, the contributions provide concrete policy recommendations on how the WTO could play a positive role in preventing or mitigating future food crises and promote global food security.
Food Crises and the WTO
The food and financial crises of 2008 and 2009 have pushed millions more people into poverty and hunger, while changing the parameters of international trade. Both crises have also challenged the fundamentals of WTO rules regulating agriculture, which had been designed to combat trade distortions due to artificially low-priced food commodities. This collection of essays examines to what extent the multilateral trading system contributes to food security in today's volatile markets. Bringing together a renowned group of expert economists, lawyers, environmental and development specialists, it offers a fresh and multi-dimensional perspective combining a strong economic analysis with a comprehensive legal assessment of the interface between food security and international trade regulation. Together, the contributions provide concrete policy recommendations on how the WTO could play a positive role in preventing or mitigating future food crises and promote global food security.
WTO Rules Can Prevent Climate Change Mitigation for Agriculture
This paper asks how countries can implement their commitments to limit the increase in the global average temperature under the recent Paris Agreement on Climate Change for agriculture. An initial examination of the relevant trade rules and case law indicates that they appear unable to legally secure the necessary differentiation of products and services according to their climate footprint. Indeed, the main purpose of the multilateral trade rules framework is to combat discrimination. This compatibility issue is compounded by the development dimension: while poor developing countries and poor farmers have always been and remain the least significant greenhouse gas emitters in absolute terms...
Sustainable Development in International Law Making and Trade
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
International Standardization and Trade Regulation
The open access publication of this book has been published with the support of the Swiss National Science Foundation. As tariffs have fallen dramatically over the past decades, behind-the-border measures—such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures—have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius – two prominent standard-setting organizations in the area of TBT and SPS – to investigate how international standardization influences the design of international trade agreements, and vice versa.
Agricultural Domestic Support Under the WTO
The WTO Agreement on Agriculture subjects different groups of developed and developing countries to different limits on domestic support and allows various exemptions from these limits. Offering a comprehensive assessment of the Agreement's rules and implementation, this book develops guidance toward socially desirable support policies. Although dispute settlement has clarified interpretation of the Agriculture and SCM Agreements, gaps remain between the legal disciplines and the economic effects of support. Considering the Agriculture Agreement also in the context of today's priorities of sustainability and climate change mitigation, Lars Brink and David Orden build a strategy that aligns the rules and members' commitments with the economic impacts of agricultural support measures. While providing in-depth analysis of the existing rules, their shortcomings and the limited scope of ongoing negotiations, the authors take a long-term view, where policies directed toward evolving priorities in agriculture are compatible with strengthened rules that reduce trade and production distortions.
Large-Scale Land Investments in Least Developed Countries
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
The Human Right to Water: Justice . . . or Sham?
Water is a matter of life and death. Advanced technology and engineering enable humans to gain better access to it. Nonetheless, the conditions and effort required to reach this goal remain colossal in many countries. Building a lasting infrastructure for adequate treatment before and after use is costly. Therefore, the author believes that a radical change of thinking among people around the world, from the domestic to the large-scale users, becomes a priority. Even if the United Nations entitles all people to justice for water, more responsible and ethical use of it by all interested parties is more important than the spreading of promises, which, in practice, may turn out to be a sham. Only a better understanding that access to water rests on the efforts of everyone, without exception, will reduce overuse, waste, and pollution of the indispensable resource. This volume, while written from a theological, philosophical, and legal perspective (focusing on John Calvin, John Rawls, and Paul Ricoeur), demonstrates that water cannot be merely understood as a human right, but also has to be dealt with from an economic point of view as well as under the authority of the Golden Rule.
Poverty and the International Economic Legal System
Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.
