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business from the point of view of land-use, water, and energy. For example, direct
and indirect emissions from livestock sector globally are responsible for approximately 14.5% of greenhouse gas emissions measured in CO2 equivalent (Gerber
et al. 2013). Agriculture, including irrigation, livestock watering and cleaning, and
aquaculture, accounts for 69 percent of the world’s water withdrawal, and is the
largest user of water (Food and Agricultural Organization 2016a, b), and accounts
for approximately 70% of total water withdrawal and about 90% of virtual water
(the water that was consumed in the production of a good or service—see Sect. 7.5)
flows globally relate to trade in agricultural products (Chico et al. 2014). Yet, at the
same time, the UN has identified a dietary change towards meat-based diets as a
global trend with diffuse economic and political implications. These issues make
food law a highly topical area of international law.
Most legal structures related to food on an international level are the creations of
the United Nations (see Sect. 6.2.2) and the WTO (see Sect. 6.2.3). Food falls under
the mandate of several UN organizations such as: the World Food Programme
(WFP); the UN Food and Agricultural Organization (FAO); and the World Health
Organization (WHO).
Legal tools created by these organizations include the 2001 FAO International
Treaty on Plant Genetic Resources for Food and Agriculture (International Seed
Treaty). The Treaty is approved under the provisions of Article XIV of the FAO
Constitution. Its objectives are the conservation and sustainable use of all plant
genetic resources for food and agriculture and the fair and equitable sharing of the
benefits arising out of their use, in harmony with the Convention on Biological
Diversity, for sustainable agriculture and food security.
In addition, the 2005 WHO International Health Regulations aim to prevent the
international spread of diseases, including foodborne diseases.
WTO law has three major areas: trade in goods, trade in services, and intellectual
property rights. From the perspective of food law, the agreements on trade in goods
are most significant. The following four WTO agreements are especially relevant to
food law:
(a) The General Agreement on Tariffs and Trade (GATT);
(b) The Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS);
(c) The Technical Barriers to Trade Agreement (TBT); and
(d) The Agreement on Agriculture (AoA).
In addition, the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs) governs food trade by regulating geographical indicators, e.g., to
prevent misleading consumers about the origin of goods.
While the GATT/WTO aims to liberalize international trade in goods by setting
equal treatment of all trading partners as the main rule, it also recognizes exceptions
(Articles XX and XXI). On several occasions, countries have blocked trade in food,
citing human health concerns. Concerns have been raised that national authorities
are too eager to invoke such exceptions with negative impact on international trade.
A. Belinskij et al.
business from the point of view of land-use, water, and energy. For example, direct
and indirect emissions from livestock sector globally are responsible for approximately 14.5% of greenhouse gas emissions measured in CO2 equivalent (Gerber
et al. 2013). Agriculture, including irrigation, livestock watering and cleaning, and
aquaculture, accounts for 69 percent of the world’s water withdrawal, and is the
largest user of water (Food and Agricultural Organization 2016a, b), and accounts
for approximately 70% of total water withdrawal and about 90% of virtual water
(the water that was consumed in the production of a good or service—see Sect. 7.5)
flows globally relate to trade in agricultural products (Chico et al. 2014). Yet, at the
same time, the UN has identified a dietary change towards meat-based diets as a
global trend with diffuse economic and political implications. These issues make
food law a highly topical area of international law.
Most legal structures related to food on an international level are the creations of
the United Nations (see Sect. 6.2.2) and the WTO (see Sect. 6.2.3). Food falls under
the mandate of several UN organizations such as: the World Food Programme
(WFP); the UN Food and Agricultural Organization (FAO); and the World Health
Organization (WHO).
Legal tools created by these organizations include the 2001 FAO International
Treaty on Plant Genetic Resources for Food and Agriculture (International Seed
Treaty). The Treaty is approved under the provisions of Article XIV of the FAO
Constitution. Its objectives are the conservation and sustainable use of all plant
genetic resources for food and agriculture and the fair and equitable sharing of the
benefits arising out of their use, in harmony with the Convention on Biological
Diversity, for sustainable agriculture and food security.
In addition, the 2005 WHO International Health Regulations aim to prevent the
international spread of diseases, including foodborne diseases.
WTO law has three major areas: trade in goods, trade in services, and intellectual
property rights. From the perspective of food law, the agreements on trade in goods
are most significant. The following four WTO agreements are especially relevant to
food law:
(a) The General Agreement on Tariffs and Trade (GATT);
(b) The Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS);
(c) The Technical Barriers to Trade Agreement (TBT); and
(d) The Agreement on Agriculture (AoA).
In addition, the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs) governs food trade by regulating geographical indicators, e.g., to
prevent misleading consumers about the origin of goods.
While the GATT/WTO aims to liberalize international trade in goods by setting
equal treatment of all trading partners as the main rule, it also recognizes exceptions
(Articles XX and XXI). On several occasions, countries have blocked trade in food,
citing human health concerns. Concerns have been raised that national authorities
are too eager to invoke such exceptions with negative impact on international trade.
A. Belinskij et al.