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Right to Food and the World Trade Organization's Rules on Agriculture : Conflicting, Compatible, or.
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Drawing on research and arguments from her doctoral dissertation, the author analyzes the technical compatibility between the World Trade Organization’s agriculture trade rules and the human right to adequate food, from the perspective of legal norm conflict theory. She explores the relationship between the Agreement on Agriculture and the International Covenant on Economic, Social, and Cultural Rights, particularly Articles 2 and 11, within broader debates over the state of international law as fragmented or systemic and the status of the right to food as an international legal norm. She draws on and expands research of the former Special Rapporteurs on the Right to Food, the United Nations Food and Agriculture Organization, and other scholars and specialists, as well as related studies on the conflict of international legal norms, focusing on the various approaches to norm conflict definitions, the current international legal and political landscape, and case law. She argues that the right to food is a legally binding norm for state parties to the International Covenant on Economic, Social, and Cultural Rights, and the content of the right is confined to those elements that have reached a threshold of legality. She assesses compatibility through examination of rights and obligations of states in the Agreement on Agriculture, the General Agreement on Tariffs and Trade, and the Agreement on Subsidies and Countervailing Measures. She addresses fragmentation in international law and the problem of international legal norm conflict; definitions and avoidance and resolution techniques; the right to food; the relationship and potential for conflict or compatibility between the Agreement on Agriculture and the International Covenant on Economic, Social, and Cultural Rights, and World Trade Organization market access provisions; the rules of the Agreement on Agriculture regarding agricultural subsidies; and other possible paths for right to food considerations in the trade regime. Annotation ©2018 Ringgold, Inc., Portland, OR (protoview.com)
Number of Pages: 291
Genre: Freedom + Security / Law Enforcement, Political Science
Series Title: International Studies in Human Rights
Publisher: Brill Academic Pub
Author: Rhonda Ferguson
Street Date: January 11, 2018
Item Number (DPCI): 248-63-4070
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