Examining the Contemporary International Food Instruments and Framework

36 Pages Posted: 4 Oct 2023

See all articles by Sadiya S. Silvee 郑景明 (Zheng Jingming)

Sadiya S. Silvee 郑景明 (Zheng Jingming)

Zhengzhou University - School of Law; Bangladesh Institute of Law and International Affairs (BILIA); Centre for International Sustainable Development Law (CISDL)

Ximei Wu

Zhengzhou University - School of Law

Date Written: September 28, 2023

Abstract

The study examines the contemporary legal mechanisms and institutional framework governing the contemporary global food system. The purpose of the study is to explore the rationales behind the exacerbating situation of food insecurity and develop a global food governance model through a legal mechanism and an institutional framework. To do so, this qualitative study uses Theorizing Regulatory Intermediaries model, and Institutional Analysis and Development framework to analyze three categories of international instruments relevant to food security: food safety, standards, and rights. In particular three instruments are examined—(1) the Codex Alimentarius; (2) the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Technical Barriers to Trade Agreement (TBT Agreement); and (3) United Nation General Assembly Resolutions. The study affirms that the contemporary global food system is complex and lacks an institutional framework and governance due to multiple international instruments, which are neither strictly binding in nature nor completely lacking in legal significance, and focuses on food safety during food trade instead of building food security.

Keywords: food security, food law, SPS and TBT Agreement, Codex Alimentarius, food governance, global food system

Suggested Citation

Silvee, Sadiya S. and wu, ximei, Examining the Contemporary International Food Instruments and Framework (September 28, 2023). Asian Journal of WTO & International Health Law and Policy, Vol. 18, No. 2, pp. 361-396, September 2023, Available at SSRN: https://ssrn.com/abstract=4589723

Sadiya S. Silvee (Contact Author)

Zhengzhou University - School of Law ( email )

Room 505, Unit 1, Building 5, Yuhua Manyuan,
, Gaoxin District, Zhengzhou, Henan, China.
Zhengzhou, Henan 450001
China

Bangladesh Institute of Law and International Affairs (BILIA) ( email )

Centre for International Sustainable Development Law (CISDL) ( email )

Montreal, Quebec
Canada

Ximei Wu

Zhengzhou University - School of Law ( email )

100 Kexue Ave, Zhongyuan Qu, Zhengzhou Shi, Henan
Sheng, China, 450066
Zhengzhou, Henan 450066
China

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