Trade, Food SecuriTy, and Human rigHTS This book discusses global food issues from a unique perspective. It builds a link between human rights and international trade. The solutions proposed in this book offer policymakers practical advice to reduce world hunger and malnutrition. This book is a must read for policymakers from India to Indiana! Scott Bates, center for national Policy, uSa Ying Chen’s book starts with a simple premise—the primacy of food for the survival of humans—and then provides an expansive and thorough coverage of the complexities of the global food system that reminds us that food policies and legal frameworks matter when it comes to food security. michael T. roberts, resnick Program for Food Law and Policy, ucLa School of Law, uSa This exposé documents how hunger in poor nations is made worse by rich nations. Protectionist trade rules, and subsidies to agribusiness, put steak on affluent tables, but leave many of the world’s poor bereft of beans. To end hunger we need, not so much another green revolution, as a policy revolution. douglass cassel, university of notre dame, uSa This book is dedicated to my parents and grandparents who have always believed and supported me in all my endeavors. Trade, Food Security, and Human rights The rules for international Trade in agricultural Products and the evolving World Food crisis ying cHen Independent Research Consultant, USA © ying chen 2014 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. ying chen has asserted her right under the copyright, designs and Patents act, 1988, to be identified as the author of this work. Published by ashgate Publishing Limited ashgate Publishing company Wey court east 110 cherry Street union road Suite 3-1 Farnham Burlington, VT 05401-3818 Surrey, gu9 7PT uSa england www.ashgate.com British Library Cataloguing in Publication Data a catalogue record for this book is available from the British Library The Library of Congress has cataloged the printed edition as follows: chen, ying (Legal researcher) Trade, food security, and human rights : the rules for international trade in agricultural products and the evolving world food crisis / by ying chen. pages cm Based on author’s dissertation (S.J.d. -- indiana university robert H. mcKinney School of Law), 2013. includes bibliographical references and index. iSBn 978-1-4724-3742-6 (hardback) -- iSBn 978-1-4724-3743-3 (ebook) -- iSBn 978-1-4724-3744-0 (epub) 1. right to food. 2. Foreign trade regulation. 3. agricultural laws and legislation 4. Food supply--Law and legislation. 5. Food security. i. Title. K3260.c44 2014 363.8--dc23 2014005361 iSBn 9781472437426 (hbk) iSBn 9781472437433 (ebk – PdF) iSBn 9781472437440 (ebk – ePuB) V Printed in the united Kingdom by Henry Ling Limited, at the dorset Press, dorchester, dT1 1Hd Contents List of Figures and Tables vii Preface ix Acknowledgements xi List of Abbreviations xiii 1 Introduction 1 The 2008 Food Crisis: Food Shortage or Uneven Distribution? 1 The Structure and Purpose of this Book 5 2 Why Should We Care? 11 A Basic Human Need 11 Global Issue or Regional Issue? 11 Is there a Right to Food? 12 National Implementation 29 3 Causes of the Current Food Insecurity and Potential Solutions: Poverty 35 Poverty Results in Hunger 35 National Capacity Building and Poverty Reduction Strategies 37 4 Causes of the Current Food Insecurity and Potential Solutions: Human Overpopulation 51 Current and Future Population Situations and their Impact on Food Security 51 What Can Governments do to Control Population? 53 5 Causes of the Current Food Insecurity and Potential Solutions: Lack of Farmland and Expansion of the Biofuel Industry 59 What Causes Cropland Depletion? 59 Protect Limited Farmland 60 Biofuel and its Impact on Food Security 62 6 Uneven Food Distribution and Distorted Agricultural Trade: An Overlooked Factor 73 Inadequate and Uneven Global Food Distribution: Distorted Agricultural Trade 73 vi Trade, Food Security, and Human Rights Slow Progress towards a Freer and Less-distorted International Agricultural Trade System: From GATT to WTO 79 7 Prospects for Further Agricultural Trade Reform 111 Enhance Market Access through Substantial Tariff Reduction 111 Reduce/Eliminate Subsidies Progressively 113 Phase Out Export Subsidies 132 Flexibility for Developing Countries 133 Sanitary and Phytosanitary Measures and Genetically Modified Organisms (GMOs) 135 Food Aid: Pros, Cons, and Reforms 143 Strengthening the Role of International Organizations in World Hunger Reduction 151 8 Agricultural Policies in the EU and the US and their Impact on International Agricultural Trade 153 European Union: Common Agricultural Policy (CAP) 153 Farm Bills in the United States 164 Protectionism and the Absence of Political Will to Correct the Distorted Agricultural Trade System 181 9 Conclusion 183 Appendices 185 Appendix 1 Constitutional Provisions of the Countries of the World (The Right to Food) 187 Appendix 2 World Population Growth Rate (Percent) 218 Appendix 3 World Population (Thousands) 220 Appendix 4 Fertility Rates 222 Bibliography 247 Index 277 List of Figures and Tables Figures 3.1 $1/day poverty and growth in Sub-Saharan Africa, 1970–2006 36 4.1 World population development 52 5.1 Global biofuel production 1990–2011 65 Tables 1.1 Annual real food price indices (2002–2004=100) 2 4.1 World population prospects (2010 revision)—infant mortality rate 56 8.1 The historical development of the CAP 163 8.2 A comparison of US farm bills and the EU CAP 179 Appendix 1 Constitutional Provisions of the Countries of the World (The Right to Food) 187 Appendix 2 World Population Growth Rate (Percent) 218 Appendix 3 World Population (Thousands) 220 Appendix 4 Fertility Rates 222 This page has been left blank intentionally Preface Food crises have frequently occurred throughout history and are said to be as old as history itself. The phenomenon of hunger, as well as concerns with crop failures, have been recorded by ancient Chinese, Greek, and many medieval scholars. Along with the development of society generally, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Under these circumstances, agricultural productive capacity has greatly improved, and one would think that the problem of food insecurity should now be solved, or at least mitigated. Yet it continues to be a critical issue in the modern world. This book explains a few factors that contribute to the current world food crisis—poverty, human overpopulation, a lack of farmland, and the expansion of biofuel programs. Several enforceable solutions to reduce world hunger and malnutrition are proposed, including national capacity building, the improvement of governance, population control, farmland preservation, and the strategic development of biofuel programs. However, another significant factor that causes world hunger has been overlooked. This book examines EU and US agricultural policies and WTO negotiations in agriculture and how they affect international agricultural trade; it suggests that current food insecurity is not caused by an absolute food shortage but rather the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. This book may be of interest to agricultural trade professionals, consultants, and policy makers, not only in the US and the EU, but also in developing countries. Students and researchers with a concentration on international trade, agricultural economics, global governance, and international law may also find this book helpful in understanding the world food crisis and agricultural trade. Dr. Ying Chen Indianapolis, January 2014
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