accounting for hunger the right to food in the era of globalisation 36 studies in international law

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Accounting For Hunger

Author : Olivier De Schutter
ISBN : 9781847318275
Genre : Law
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The challenge of global hunger is now high on the agenda of governments and international policy-makers. This new work contributes to addressing that challenge, by looking at the obstacles which stand in the way of implementing a right to food in the era of globalisation. The book describes the current situation of global hunger; it considers how it relates both to the development of food systems and to the merger of the food and energy markets; and it explains how the right to food contributes to identifying solutions at the domestic and international levels. The right to food, it argues, can only be realised if governance improves at the domestic level, and if the international environment enables governments to adopt appropriate policies, for which they require a certain policy space. The essays in this book demonstrate that the current regimes of trade, investment and food aid, as well as the development of biofuels production – all of which contribute to define the international context in which states implement such reforms – should be reshaped if national efforts are to be successful. The implication is that extraterritorial human rights obligations of states (their obligations to respect the right to food beyond their national territories, for instance in their food aid, investment or trade policies), as well as the strengthening of global governance of food security (as is currently being attempted with the reform of the Committee on World Food Security in Rome), have a key role to fulfill: domestic reforms will not achieve sustainable results unless the international environment is more enabling of the efforts of governments acting individually. In this reform process, accountability both at the domestic and international level is essential if sustainable progress is to be achieved in combating global hunger.

The Multilateral Trading System And Human Rights

Author : Mihir Kanade
ISBN : 9781351386906
Genre : Business & Economics
File Size : 81. 96 MB
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This book contributes an original theory to understanding human rights and international trade. It offers the ‘governance space’ framework for analysing the linkages and normative relationships between the multilateral trading system (MTS) and human rights regimes. Drawing upon key case studies, the author identifies connecting strands as also gaps in linkage issues. He further examines the ‘right to development’ approach to resolve tensions between these two regimes and demonstrates how the approach may be the most appropriate road map to finding sustainable solutions in balancing human rights and equitable free trade in a complex globalised world. Presenting new legal analyses informed by current debates drawn from international organisations – the World Trade Organization, United Nations, International Labour Organization – governments, civil society and academia as well as global commitments such as the Sustainable Development Goals, the book proposes a systematic and holistic policy intervention. This timely and transdisciplinary text will be of great interest to academics, students and scholars of human rights, international trade, international law, development studies, public policy and governance, economics, politics and international relations. It will also be useful to policymakers, think-tanks, human rights advocates, professionals, lawyers, civil society organisations, non-governmental organisations and trade experts.

Food And Human Rights In Development Legal And Institutional Dimensions And Selected Topics

Author : Wenche Barth Eide
ISBN : 9789050953856
Genre : Law
File Size : 73. 79 MB
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The right to adequate food is firmly established in international human rights law. It is among those most cited in solemn declarations and most violated in practice. In a landmark decision, the 1996 World Food Summit decided to break with the all too familiar right-to-food rhetoric and requested a clarification of "the content of the right to food and the fundamental right of everyone to be free from hunger" and the means for its implementation. Since then much efforts have gone into further conceptualisation of social and cultural rights in general and the right to adequate food in particular. UN agencies, scholars, interested governments and civil society have joined forces in attempting to provide a foundation for national and international follow-up of the recommendations of the World Food Summit, reinforced by the Millennium Development Goals. This first of two volumes provides evidence of some of this work and gives direction for future activities to promote and protect the right to adequate food for all. It has contributions from some 15 authors who have all been directly involved, from different angles, in the advancement of the right to food and related human rights over the past years. Besides introducing the concept of the right to food and elaborating on its theoretical basis and meaning in development, it provides several recent examples from work both at the national and international level to apply it in practical situations, and with a special view to how to go about identifying the corresponding obligations of states and complementary duties and responsibilities of non-state actors and international organisations. Finally, several chapters address the right to food under special circumstances and for special groups needing particular attention. The book is the first of its kind on the right to food as a human right. It is not a textbook but is intended to inform and stimulate further debate among scholars, policy-makers and practitioners and activists alike, on some of the major issues of concern in applying a right-based approach to alleviating food insecurity, hunger and malnutrition, and in promoting access to and consumption of nutritionally adequate, safe and culturally acceptable food on a sustainable basis for all. It is now evident that with the current pace of events the goal set by the WFS and the MDG of halving poverty and hunger by 2015 will not be achieved. There is a growing need to watch some of the possible effects of rapid economic globalisation and market liberalisation on food and nutrition security conditions, and to promote countervailing measures to offset their most negative consequences, particularly for vulnerable groups. The right to food is a first test case of the extent to which the application of economic, social and cultural rights can effectively exert such counterforce in an increasingly economics- and market-driven international climate, and enhance progress towards established goals

The Misery Of International Law

Author : John Linarelli
ISBN : 9780191068713
Genre : Law
File Size : 63. 51 MB
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Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.

Challenging Territoriality In Human Rights Law

Author : Wouter Vandenhole
ISBN : 9781317628965
Genre : Law
File Size : 79. 89 MB
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Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

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