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The Incoherence of Human Rights in International Law
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the huma...
Agriculture, Sustainability and Competition Law
Through a detailed law-and-policy analysis, this book investigates competition law and policy in relation to agricultural producers, examining the topic in light of both the neoliberal agricultural policy and food sovereignty paradigms, with a focus on their differing approaches to competition and sustainability. This book addresses the increasing pressures faced by agricultural producers, stemming from two major developments: the shift towards neoliberal economic policies in agri-food markets, and the growing recognition of the agricultural sector’s role in environmental degradation due to unsustainable practices. These developments have provoked protests from farmers and prompted critica...
Rural and Remote Communities as Non-State Actors
While entities as different as armed groups, multinational corporations, political parties, megacities, labour unions, terrorist organisations, or indigenous peoples are mentioned as non-state actors in the relevant literature, rural communities are never referred to. This book addresses the role of rural communities as non-state actors, lifting this invisibility veil with arguments coming from three theories of/scholarly approaches to international law: positivism, sociolegal realism (the New Haven School), and constitutionalism. It argues, first, that rural communities are recognised by the community of states as derived subjects of international law since they are made bearers of rights a...
Farming with the Environment
This book examines, discusses and shares over 30 years’ worth of research from the Allerton Project, a research and demonstration farm in the UK which has been carrying out applied interdisciplinary research to explore and explain the need to adapt the management of farmland for environmental protection and to provide public benefits. Designed to provide guidance, feedback and recommendations to farmers, practitioners and policymakers, the Allerton Project is an exceptionally well-documented case study of lowland agricultural land management which has the purpose of meeting multiple objectives. This book draws on the wealth of knowledge built over the past 30 years and unveils and clarifie...
Net Zero, Food and Farming
This book examines the implications of the net zero transition for food and farming in the UK and how these can be managed to avoid catastrophic climate change in the crucial decades ahead. For the UK to meet its international obligations for reducing greenhouse gas emissions, nothing short of a revolution is required in our use of land, our farming practices and our diet. Taking a historical approach, the book examines the evolution of agriculture and the food system in the UK over the last century and discusses the implications of tackling climate change for food, farming and land use, setting the UK situation in an international context. The chapters analyse the key challenges for this tr...
Law and Agroecology
This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different comple...
Animal Welfare Governance in EU Agriculture
This ground-breaking book sets out a comprehensive governance framework to raise the welfare of animals across EU agriculture and the agri-food chain. Diane Ryland argues that a global response is needed to promote animal wellbeing in agriculture, focusing on the importance of the relations between public and private standard-setting bodies.
Human Rights and Ocean Governance
This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of p...
The pursuit of sustainable agriculture in EU free trade agreements
This book explores the extent to which EU Free Trade Agreements (FTAs) pursue sustainable agriculture in third country parties. It contends that this should be part of a duty for the EU enshrined in the Treaties to promote its fundamental values in its external action. It suggests that the extent to which this occurs in practice, may be reviewed judicially by the Court of Justice of the European Union. Against this background, selected agreements concluded by the EU with developed and developing countries (Canada, South Korea, Ukraine, Chile, SADC countries and Vietnam) are taken as case studies. The author concludes that, in spite of the remarkable progress made hitherto, EU trade policy is...
