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The Right to Food and the World Trade Organization's Rules on Agriculture
Conflicting, Compatible, or Complementary?
Series: - International Studies in Human Rights, Volume: 123
Author:
In The Right to Food and the World Trade Organizationâs Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Rhonda Ferguson, Ph.D (2017) Irish Centre for Human Rights at the National University of Ireland Galway, is currently a visiting postdoctoral fellow at the Jack & Mae Nathanson Centre on Transnational Human Rights, Crime and Security at York University.
Acknowledgements
Table of Cases
List of Abbreviations
1 Introduction
â1.1 Rationale
â1.2 Methodology
â1.3 Structure
2 The Fragmentation of International Law; the World Trade Organization and International Human Rights Regimes
â2.1 Introduction
â2.2 What is Fragmentation?
â2.3 Characteristics of a Fragmented International Legal Order
â2.4 Regimes of Relevance
â2.5 Conclusion
3 Conflict of Norms in International Law; Theories and Practice
â3.1 Introduction to Conflict of Norms
â3.2 Defining Parameters
â3.3 To Whom are Obligations Owed, and Why does it Matter to Norm Conflict Theories and Resolution Techniques?
â3.4 Apparent Versus Genuine Conflicts
â3.5 Problematizing the Presumption Against Conflict
â3.6 Defining Conflict of Norms
â3.7 Conflict Resolution; the Vienna Convention on the Law of Treaties and Techniques
â3.8 Conclusion
4 The Human Right to Adequate Food and Corresponding Obligations
â4.1 Introduction to the Right to Adequate Food
â4.2 The Right to Food as an Economic, Social, and Cultural Right
â4.3 Key Formal Source in International Law: ICESCR
â4.4 Notes on the Committee on Economic, Social and Cultural Rights and General Comment 12
â4.5 Collective Responsibility
â4.6 Concepts Related to the Right to Food
â4.7 Conclusion
5 Market Access
â5.1 Introduction to Market Accessibility
â5.2 Market Access in the Multilateral Trade System; Divergent Opinions
â5.3 Market Access Provisions Under the Agreement on Agriculture
â5.4 Are the Elements of a Conflict of Norms Present Between the Right to Food and Market Access Provisions?
â5.5 Conclusion
6 Domestic and Export Subsidies
â6.1 Introduction to Subsidies in the World Trade Regime
â6.2 Agricultural Subsidies and the Right to Food
â6.3 Subsidy Provisions Under the Agreement on Agriculture
â6.4 Are the Elements of a Conflict of Norms Present Between the Right to Food and the Subsidies Provisions?
â6.5 Conclusion
7 Locating Entryways for the Right to Food in wto Agricultural Trade Rules; Are Backdoor Exceptions and Unilateral Conditions Enough to Transform the Relationship into one of Complementarity?
â7.1 Introduction
â7.2 The gatt Exceptions
â7.3 gsp
â7.4 Transforming Agricultural Production and Trade
â7.5 Conclusion
8 Conclusion
â8.1 Neither Conflict nor Compatibility
â8.2 Limitations of the Research and Looking Forward
Bibliography
Index
Table of Cases
List of Abbreviations
1 Introduction
â1.1 Rationale
â1.2 Methodology
â1.3 Structure
2 The Fragmentation of International Law; the World Trade Organization and International Human Rights Regimes
â2.1 Introduction
â2.2 What is Fragmentation?
â2.3 Characteristics of a Fragmented International Legal Order
â2.4 Regimes of Relevance
â2.5 Conclusion
3 Conflict of Norms in International Law; Theories and Practice
â3.1 Introduction to Conflict of Norms
â3.2 Defining Parameters
â3.3 To Whom are Obligations Owed, and Why does it Matter to Norm Conflict Theories and Resolution Techniques?
â3.4 Apparent Versus Genuine Conflicts
â3.5 Problematizing the Presumption Against Conflict
â3.6 Defining Conflict of Norms
â3.7 Conflict Resolution; the Vienna Convention on the Law of Treaties and Techniques
â3.8 Conclusion
4 The Human Right to Adequate Food and Corresponding Obligations
â4.1 Introduction to the Right to Adequate Food
â4.2 The Right to Food as an Economic, Social, and Cultural Right
â4.3 Key Formal Source in International Law: ICESCR
â4.4 Notes on the Committee on Economic, Social and Cultural Rights and General Comment 12
â4.5 Collective Responsibility
â4.6 Concepts Related to the Right to Food
â4.7 Conclusion
5 Market Access
â5.1 Introduction to Market Accessibility
â5.2 Market Access in the Multilateral Trade System; Divergent Opinions
â5.3 Market Access Provisions Under the Agreement on Agriculture
â5.4 Are the Elements of a Conflict of Norms Present Between the Right to Food and Market Access Provisions?
â5.5 Conclusion
6 Domestic and Export Subsidies
â6.1 Introduction to Subsidies in the World Trade Regime
â6.2 Agricultural Subsidies and the Right to Food
â6.3 Subsidy Provisions Under the Agreement on Agriculture
â6.4 Are the Elements of a Conflict of Norms Present Between the Right to Food and the Subsidies Provisions?
â6.5 Conclusion
7 Locating Entryways for the Right to Food in wto Agricultural Trade Rules; Are Backdoor Exceptions and Unilateral Conditions Enough to Transform the Relationship into one of Complementarity?
â7.1 Introduction
â7.2 The gatt Exceptions
â7.3 gsp
â7.4 Transforming Agricultural Production and Trade
â7.5 Conclusion
8 Conclusion
â8.1 Neither Conflict nor Compatibility
â8.2 Limitations of the Research and Looking Forward
Bibliography
Index
This book is for students, scholars and practitioners of international human rights law, particularly socio-economic rights, and international trade law. It is also for those interested in the issues of food security, trade agreements, and norm conflict in international law.