NARRATIVES OF HUNGER IN INTERNATIONAL LAW This book explores the role that the language of international law plays in constructing understandings – or narratives – of hunger in the context of climate change The story is told through a specific case study of genetically engineered seeds purportedly made to be ‘climate ready’ Two narratives of hunger run through the storyline: the prevailing neoliberal narrative that focuses on increasing food production and relying on technological innovations and private-sector engagement, and the oppositional and aspirational food sovereignty narrative that focuses on improving access to and distribution of food and rejects technological innovations and private-sector engagement as the best solutions This book argues that the way in which voices in the neoliberal narrative use international law reinforces fundamental assumptions about hunger and climate change, and the way in which voices in the food sovereignty narrative use international law fails to question and challenge these assumptions is an assistant professor in international law at the Graduate Institute of International and Development Studies, as well as co-director of the institute’s LLM programme Prior to joining the Graduate Institute, she obtained a PhD in international law from the London School of Economics in 2015, an LLM from King’s College London in 2009, and an LLB from Leiden University in 2008 Prior to entering academia, Anne Saab worked as a policy officer and legal counsel at the Dutch Ministry of Agriculture, the Ministry of Economic Affairs, and the Foreign Office Her research interests focus on food, environment, and more recently on emotions and international law CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW: 140 Established in 1946, this series produces high quality, reflective and innovative scholarship in the field of public international law It publishes works on international law that are of a theoretical, historical, crossdisciplinary, or doctrinal nature The series also welcomes books providing insights from private international law, comparative law and transnational studies which inform international legal thought and practice more generally The series seeks to publish views from diverse legal traditions and perspectives, and of any geographical origin In this respect it invites studies offering regional perspectives on core problématiques of international law, and in the same vein, it appreciates contrasts and debates between diverging approaches Accordingly, books offering new or less orthodox perspectives are very much welcome Works of a generalist character are greatly valued and the series is also open to studies on specific areas, institutions or problems Translations of the most outstanding works published in other languages are also considered After seventy years, Cambridge Studies in International and Comparative Law sets the standard for international legal scholarship and will continue to define the discipline as it evolves in the years to come Series Editors Larissa van den Herik Professor of Public International Law, Grotius Centre for International Legal Studies, Leiden University Jean d’Aspremont Professor of International Law, University of Manchester and Sciences Po Law School A list of books in the series can be found at the end of this volume NARRATIVES OF HUNGER IN INTERNATIONAL LAW Feeding the World in Times of Climate Change ANNE SAAB Graduate Institute of International and Development Studies University Printing House, Cambridge CB2 8BS, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India 79 Anson Road, #06–04/06, Singapore 079906 Cambridge University Press is part of the University of Cambridge It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence www.cambridge.org Information on this title: www.cambridge.org/9781108473378 DOI: 10.1017/9781108670906 © Anne Saab 2019 This publication is in copyright Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published 2019 Printed and bound in Great Britain by Clays Ltd, Elcograf S.p.A A catalogue record for this publication is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Saab, Anne, 1986-, author Title: Narratives of hunger in international law : feeding the world in times of climate change / Anne Saab, Graduate Institute of International and Development Studies Description: New York, NY : Cambridge University Press, 2019 | Series: Cambridge studies in international and comparative law | Includes bibliographical references Identifiers: LCCN 2018048003 | ISBN 9781108473378 (hardback) Subjects: LCSH: Right to food | Hunger | Law–Language | Climate change | Human rights Classification: LCC K3260 S23 2019 | DDC 341.4/83–dc23 LC record available at https://lccn.loc.gov/2018048003 ISBN 978-1-108-47337-8 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate CONTENTS Prologue viii Introduction: Feeding the World in Times of Climate Change 1 Climate Change, Hunger, and International Law Perspectives on Hunger: Production versus Access So-Called Climate-Ready Seeds as a Possible Adaptation Strategy The Role of International Law in Feeding the World Narratives of Hunger and the Pyramid of Assumptions 12 Climate Change, Narratives of Hunger, and International Law 15 1.1 Hunger and Climate Change 16 1.1.1 Hunger in Times of Climate Change 16 1.1.2 Climate-Ready Seeds to Feed the World 21 1.1.3 Understanding Hunger and Climate-Ready Seeds through Food Regime Theory 27 1.2 Narratives of Hunger 32 1.2.1 International Law and Narratives 32 1.2.2 The Neoliberal Narrative of Hunger 36 1.2.3 The Food Sovereignty Narrative of Hunger 41 1.3 International Law, Narratives of Hunger, and the Pyramid of Assumptions 45 1.3.1 International Law Constructing Narratives of Hunger 45 1.3.2 The Relevance of International Law to Food Regime Theory 51 1.3.3 The Pyramid of Assumptions and International Law 52 Tackling Hunger through International Climate Change Law 57 2.1 The International Legal Framework on Climate Change 2.1.1 The UNFCCC, the Kyoto Protocol, and the Paris Agreement 58 v 58 vi 2.1.2 The Scientific Basis of Climate Change Law, from Mitigation to Adaptation 61 2.2 Opening the Door to Climate-Ready Seeds 63 2.2.1 International Climate Change Law and Adaptation in Agriculture: A Question of Yield 64 2.2.2 Technologies and Private-Sector Engagement Are Needed to Increase Production 67 2.3 International Climate Change Law and Narratives of Hunger 81 2.3.1 International Climate Change Law Serves the Neoliberal Narrative of Hunger 82 2.3.2 International Climate Change Law Reinforces the Pyramid of Assumptions 83 The Seed Wars and Intellectual Property Rights 84 3.1 Gene Giants and the Neoliberal Narrative that Supports Patent Rights on Seeds 84 3.1.1 The Beginnings of Intellectual Property Protection for Plant Genetic Resources 85 3.1.2 The Neoliberal Narrative: Patents on Climate-Ready Seeds Are Necessary to Feed the World in Times of Climate Change 91 3.2 The Food Sovereignty Narrative That There Should Be No Patents on Seeds 96 3.2.1 Farmers’ Rights and Sovereign Rights over Natural Resources as Responses to Corporate Patents 97 3.2.2 The Food Sovereignty Narrative: A Corporate Patent Monopoly on Climate-Ready Seeds Will Not Feed the World in Times of Climate Change 102 3.3 The Struggle over Rights in Narratives of Hunger 107 3.3.1 The Struggle over Rights Leaves Little Space to Question Assumptions 107 3.3.2 Debates over Patent Rights on Climate-Ready Seeds Fail to Question Fundamental Underlying Assumptions 108 Human Rights, Climate Change, and the Right to Food 111 4.1 Human Rights and Climate Change, Human Rights and Intellectual Property Rights 111 4.1.1 The Right to Food and Climate Change 112 4.1.2 The Right to Food and Intellectual Property Rights 116 4.2 The Right to Food in Both Narratives of Hunger 120 4.2.1 Achieving Food Sovereignty through the Right to Food 120 4.2.2 The Relevance and Use of the Right to Food in the Neoliberal Narrative of Hunger 127 vii 4.3 The Right to Food and the Failure to Challenge Fundamental Assumptions 131 4.3.1 Human Rights in Both Narratives of Hunger 132 4.3.2 The Right to Food and Falling Short of Challenging the Pyramid of Assumptions 133 How International Law Upholds Fundamental Assumptions about Hunger 136 5.1 Areas of International Law Interact to Uphold a Pyramid of Assumptions 136 5.1.1 A Pyramid of Assumptions 137 5.1.2 International Law Upholding Fundamentally Neoliberal Assumptions about Hunger 138 5.2 Shared Assumptions that Underlie the Narratives of Hunger 140 5.2.1 Is Hunger Caused by ‘Bad Weather’ or a ‘Bad System’? 140 5.2.2 The Malthusian Question of Production 144 5.2.3 The Green Revolution and the Growing Importance of Agricultural (Bio)technologies 148 5.2.4 The Neoliberal Food Regime and the Growing Importance of the Private Sector and Intellectual Property Rights 153 5.3 Towards a New Food Regime? 157 Conclusion: Narratives and International Law Narratives of Hunger in International Law 162 Questioning Assumptions 167 Narratives and International Law beyond Hunger and Climate Change 170 Bibliography Index 193 172 162 PROLOGUE The argument that I make in this book is based on PhD research that I carried out in the Law Department at the London School of Economics between 2011 and 2015 But the story of this project begins a few years before that Having freshly graduated with a master’s degree in public international law in 2009, I was offered a job as a policy officer at the Ministry of Agriculture in the Netherlands I had not specifically applied for a job at this ministry, but had rather applied for a general two-year government traineeship On the basis of all the applications, each of the ministries then chooses the applicants that they are interested in hiring Having studied international law, I was not quite sure what to expect at the Ministry of Agriculture, working on topics I felt I had not been trained for and knew very little about But I took the job, and fortunately so During my two-year employment at the Ministry of Agriculture, I worked on four projects in different departments My first two assignments dealt respectively with national climate change adaptation policy and sustainable food policy, looking specifically at how to incentivize consumers to eat more sustainably I had long since taken a keen interest in environmental issues, and these assignments further incited my curiosity about the big questions related to food and climate In my second year of work, I shifted from policy assignments to legal assignments I spent six months seconded to the International Law Division of the Foreign Office, where I worked primarily on law of the seas and bilateral investment treaties The final assignment brought me to the Intellectual Property Division of the Economic Affairs Department, again at the Ministry of Agriculture, where I worked on drafting intellectual property legislation for the Caribbean parts of the Netherlands The projects I worked on all seemed quite unrelated at the time In hindsight, however, these seemingly disconnected topics had an immense influence on the questions that I posed and the issues I explored in my viii food regime theory climate-ready seeds in, 27–31, 159 conflicting paradigms and, 158–159 first food regime in, 29 food sovereignty narrative and, 31, 158–160, 163–164 international law, relevance to, 51–52, 160–161 local food systems not accounted for by, 28 neoliberal narrative and, 52, 157–160 neoliberalism in, 29–31, 36 neo-productivist food regime in, 159 regulation theory and, 51–52, 160 second food regime in, 29 third food regime in, 29–30, 157–160 world systems theory and, 51 food security, 18 Global Strategic Framework for Food Security and Nutrition and, 122–123 IPCC and, 18 World Food Conference, 1974, and, 134 food sovereignty narrative of hunger, 1, 11–12, 36, 41–44, 48–50 agricultural biotechnology and, 148–149, 151–153 civil society as main voices in, 24, 36, 41, 103, 107–108, 121 climate-ready seeds and, 8–9, 42–44, 54, 83, 86, 96–107, 151–152 farmers’ rights and, 49–50, 96–97, 100–102, 106–107, 156, 164–165 food production and, 144, 147–148 food regime theory and, 31, 158–160, 163–164 human rights and, 111 intellectual property rights and, 49–50, 84, 96–110, 116, 132, 139, 153, 155–157, 164–165, 167 international law not addressed by, 57, 61 neo-productivist food regime and, 159 patents and, 84, 96–107 private sector and, 154–155 pyramid of assumptions and, 12–16, 54, 83, 139–140, 143–144, 167–170 as reactive narrative, 42, 44 regime change and, 52–53 right to food and, 48–49, 120–127, 132–133, 165 Sen and, 5–7, 132, 142, 166 sovereign rights and, 49, 96–97, 99–100, 106–107, 156, 164–165 utilitarian theory and, 105–106, 109 World Food Summit and, 41 free trade, neoliberal narrative promoting, 47–48 Fresco, Louise, 102 Friedmann, Harriet, 28–29, 45, 158–160 Gewirtz, Paul, 33–34 Global Strategic Framework for Food Security and Nutrition, 122–123 Goodman, David, 28 GRAIN, 106 Green Revolution, 148–153 greenhouse gas emissions, 61–62 Harvey, David, 36–37, 169 Heasman, Michael, 158 Helfer, Laurence, 90, 119–120 HIV/AIDS human rights and, 117–118 intellectual property rights and, 117–118 Holt-Giménez, Eric, 52, 159–160 Hulme, Mike, 61–62 human rights, 46, 111–135 See also right to food BASF and, 128–129 climate change and, 112–116 ETC Group and, 121–122 food sovereignty narrative and, 111 HIV/AIDS and, 117–118 Inter-American Commission on Human Rights and, 113 International Council on Human Rights Policy and, 129–130, 134 Male’ Declaration and, 113 Monsanto and, 128 Navdanya and, 123 neoliberal narrative and, 111 OHCHR and, 113–115, 128 Paris Agreement and, 114 patents and, 117–119, 125–127 private sector and, 155 Ruggie Principles and, 127 TRIPS and, 116–118 UDHR and, 112 UN Sub-Commission on the Promotion and Protection of Human Rights and, 116–119 UNHRC and, 48–49, 113–114 La Via Campesina and, 122 hunger See specific topics hunger, climate change as cause of, 16–21, 133–134, 140–144 ICCPR See International Covenant on Civil and Political Rights ICESCR See International Covenant on Economic, Social, and Cultural Rights IFAD See International Fund for Agricultural Development IFPRI See International Food Policy Research Institute IIED See International Institute for Environment and Development (I)NDCs See (intended) nationally determined contributions India, famines in, 141–142, 144 intellectual property rights, 11, 164–165 See also Agreement on Trade-Related Aspects of Intellectual Property; farmers’ rights; patents; sovereign rights bio-capitalist approach to, 91 common concern and, 98–100 common heritage and, 98–99, 156 corporations applying for, 38, 84–96 Diamond v Chakrabarty and, 88–89, 91–92 Ex Parte Hibberd and, 88–89, 91–92 food production and, 38 food sovereignty narrative and, 49–50, 84, 96–110, 116, 132, 139, 153, 155–157, 164–165, 167 HIV/AIDS and, 117–118 labour theory and, 93–94 neoliberal narrative on, 37–38, 84, 101–102, 107–110, 131, 153–157 Plant Treaty and, 49–50, 98–99 pyramid of assumptions and, 107–110, 151 right to food and, 116–120, 124–127, 135, 157, 166 Undertaking and, 98 UNFCCC and, 78 UPOV and, 87, 89 utilitarian theory and, 92–93 (intended) nationally determined contributions ((I)NDCs), 74–76 Inter-American Commission on Human Rights, Inuit Petition to, 113 Intergovernmental Panel on Climate Change (IPCC), 17, 46, 58, 143 adaptation and, 62, 65–67 agricultural biotechnology and, 69–70, 150–151 food production and, 2, 65–67, 146–147 food security and, 18 mitigation and, 61–62 private sector and, 78 International Council on Human Rights Policy, 129–130, 134 International Covenant on Civil and Political Rights (ICCPR), 112 International Covenant on Economic, Social, and Cultural Rights (ICESCR), 10–11, 112 agricultural biotechnology and, 152 right to food and, 48, 130, 134 International Food Policy Research Institute (IFPRI), 19 International Fund for Agricultural Development (IFAD), 19–20 International Institute for Environment and Development (IIED), 26–27, 104, 106 international law See specific topics International Rice Research Institute (IRRI), 23 International Undertaking on Plant Genetic Resources for Food and Agriculture (Undertaking), 98 IPCC See Intergovernmental Panel on Climate Change IRRI See International Rice Research Institute Jones, Stephen, 24 Klein, Naomi, 125, 169–170 Kleinman, Daniel, 99 Kloppenburg, Jack, 99 Knox, John, 114 Koluru, Radhika, 105 Kyoto Protocol, 47, 58–59 adaptation and, 64–65 mitigation and, 63 private sector and, 77 technology and, 68 labour theory farmers’ rights and, 100–101 intellectual property rights and, 93–94 Locke on, 93–94 Lang, Tim, 158 language, law as, 33–35, 140, 160, 163, 170–171 Lappé, Frances Moore, 5, 25 Law of the Seed, Navdanya, 104–105 least developed countries (LDCs), 71–72 Limits to Growth report, 145 Locke, John, 93–94 Male’ Declaration on the Human Dimensions of Global Climate Change, 113 Malm, Andreas, 143 Malthus, Thomas hunger as understood by, 5–7, 144–145 neoliberal narrative and, 5–7, 166 population growth and, 5–7, 144–145 Marglin, Stephen, 100 McMichael, Philip, 28–29, 31, 36–37, 158 metanarrative of hunger See pyramid of assumptions mitigation greenhouse gas emissions and, 61–62 international climate change law emphasizing, 59–60, 62–63 IPCC and, 61–62 Kyoto Protocol and, 63 Paris Agreement and, 63 UNFCCC and, 62–63 Monsanto, 94–96 Africa and, 39–40 on climate change, 39 DroughtGard® by, 22–23, 25, 39–40, 151–152 human rights and, 128 PSI and, 80 Moyn, Samuel, 121 Murphy, Thérèse, 126–127 Murray, Thomas, 16–17 Nairobi Work Programme (NWP), 79 NAPAs See National Adaptation Programmes of Action narratives See also specific narratives international law as, 32, 45–51, 138, 170–171 as social construction of reality, 32–33 National Adaptation Programmes of Action (NAPAs), 71–73 LDCs and, 71–72 private sector and, 80–81 Navdanya, 104–105, 123 Shiva and, 86 neoliberal narrative of hunger, 1, 11–12, 15, 32, 35–36, 47–48, 163–164 agricultural biotechnology and, 150–151 climate-ready seeds and, 8–9, 38–40, 84–107, 128–131 corporations as main voices in, 32–35 food production and, 144–146, 148 food regime theory and, 52, 157–160 free trade promoted by, 47–48 human rights and, 111 intellectual property rights in, 37–38, 84, 101–102, 107–110, 131, 153–157 international law serving, 82, 121, 132, 138–140, 157–158, 164 Malthus and, 5–7, 166 patents and, 84–107 private sector emphasized by, 153–157 privatization promoted by, 48 as production/innovation narrative, 37 pyramid of assumptions and, 12–16, 143, 167–170 right to food and, 127–133, 165 neoliberalism, 36 See also third food regime food regime theory on, 29–31, 36 states role in, 36 WTO and, 37, 47 neo-productivist food regime, 159 normalisation par anticipation, Uzunidis on, 152 NWP See Nairobi Work Programme OECD See Organization for Economic Cooperation and Development Office of the High Commissioner for Human Rights (OHCHR), 113–115, 128 Organization for Economic Cooperation and Development (OECD), 22 Otero, Gerardo, 29, 159 Our Common Future report (Brundtland report), 145 Paarlberg, Robert, 24, 150 Paris Agreement, 3–4, 11, 47, 59 adaptation and, 63, 65 agricultural biotechnology and, 75–76 developed countries and, 74–75 developing countries and, 74–75 human rights and, 114 (I)NDCs, 74–76 as legally binding, 59 mitigation and, 63 private sector and, 77–78, 81 technology and, 68–69, 74–75 Patel, Raj, 41 patents, 11, 22 climate-ready seeds and, 21–22, 26–27, 42–44, 54, 84–107, 125–127, 155 Coalition of No Patents on Seeds! and, 103 food sovereignty narrative and, 84, 96–107 human rights and, 117–119, 125–127 neoliberal narrative and, 84–107 PVA and, 87 PVPA and, 87 TRIPS and, 48, 89–91, 108–109, 125–126 Pechlaner, Gabriela, 29, 159 People’s Charter for Food and Nutrition Security, 123 Plant, Arnold, 102–103 Plant Patent Act (PVA), 87 Plant Treaty See Treaty on Plant Genetic Resources for Food and Agriculture Plant Variety Protection Act (PVPA), 87 plant variety rights (PVRs), 87–88 population growth Erhlich on, 145 Limits to Growth report and, 145 Malthus and, 5–7, 144–145 private authority, 76–77 private sector adaptation and, 76–81 CBD on, 154–155 food sovereignty narrative on, 154–155 human rights and, 155 international climate change law emphasizing, 50, 57, 82, 153–154 IPCC and, 78 Kyoto Protocol and, 77 NAPAs and, 80–81 neoliberal narrative emphasizing, 153–157 Paris Agreement and, 77–78, 81 right to food and, 134–135 UNFCCC and, 77–81 private sector initiative (PSI), 79–80 agricultural biotechnology and, 79–80 BASF and, 80 Bayer and, 80 Monsanto and, 80 Syngenta and, 80 privatization, 48 production/innovation narrative, neoliberal narrative as, 37 PSI See private sector initiative PVA See Plant Patent Act PVPA See Plant Variety Protection Act PVRs See plant variety rights pyramid of assumptions, 12–14, 52–56, 136–161, 163–171 food sovereignty narrative and, 12–16, 54, 83, 139–140, 143–144, 167–170 intellectual property rights and, 107–110, 151 international law reinforcing, 83, 161, 167–170 neoliberal narrative and, 12–16, 143, 167–170 right to food and, 131–135 rights discourse and, 54 regime change, food sovereignty narrative and, 52–53 regulation theory, 51–52, 160 right to food, 46, 112–135, 165 agricultural biotechnology and, 134, 139 climate change as cause of hunger and, 133–134, 143–144 climate-ready seeds and, 124–126 corporations and, 127–131 de Schutter and, 49, 115, 118 ETC Group and, 123–125 food accessibility and, 147–148 food production and, 134, 147–148 food sovereignty narrative and, 48–49, 120–127, 132–133, 165 ICESCR on, 48, 130, 134 intellectual property rights and, 116–120, 124–127, 135, 157, 166 neoliberal narrative and, 127–133, 165 private sector and, 134–135 pyramid of assumptions and, 131–135 Sen and, 132 states and, 130 UNHRC on, 48–49 La Via Campesina and, 122–124 World Food Conference, 1974, and , 48 Ruggie Principles See UN Guiding Principles on Business and Human Rights Ruhl, J B., 60 Sachs, Wolfgang, 115 Salzman, James, 60 Sassen, Saskia, 76–77 scientific basis of international climate change law, 61–63 Scoones, Ian, 37, 42 second food regime, 29 Seed Wars, 84–86, 96–107, 164–165 Sen, Amartya, 142, 166 food accessibility and, 5–7 right to food and, 132 Shattuck, Annie, 52, 159–160 Shiva, Vandana, 86 Navdanya and, 86 Shue, Henry, 43 sovereign rights, 99, 139 CBD and, 49, 99–100 food sovereignty narrative and, 49, 96–97, 99–100, 106–107, 156, 164–165 states neoliberalism, role in, 36 private authority and, 76–77 right to food and, 130 Sustainable Development Goals, 20 Syngenta, 40, 80 technology See also agricultural biotechnology Kyoto Protocol on, 68 Paris Agreement on, 68–69, 74–75 UNFCCC on, 68, 72–73 third food regime, 29–30, 157–160 Thompson, John, 37, 42 Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty), 49–50, 98–100, 108–109 TRIPS See Agreement on TradeRelated Aspects of Intellectual Property UCS See Union of Concerned Scientists UDHR See Universal Declaration of Human Rights UN Framework Convention on Climate Change (UNFCCC), 47, 58 See also National Adaptation Programmes of Action adaptation and, 64–65, 71–74 agricultural biotechnology and, 70–71, 73, 150–151 CAF and, 71–72 COP23 and, 4, 59 intellectual property rights and, 78 mitigation and, 62–63 private sector and, 77–81 technology and, 68, 72–73 UN Guiding Principles on Business and Human Rights (Ruggie Principles), 127 UN Human Rights Council (UNHRC), 48–49, 113–114 UN Sub-Commission on the Promotion and Protection of Human Rights, 116–119 Undertaking See International Undertaking on Plant Genetic Resources for Food and Agriculture UNFCCC See UN Framework Convention on Climate Change UNHRC See UN Human Rights Council Union for the Protection of New Varieties of Plants (L’Union pour la protection des obtentions végétales, UPOV), 87, 89 Union of Concerned Scientists (UCS), 24–25 United States Department of Agriculture (USDA), on droughtresistant crops, 25 Universal Declaration of Human Rights (UDHR), 112 UPOV See Union for the Protection of New Varieties of Plants US Patent and Trademark Office (USPTO), Ex Parte Hibberd and, 88–89, 91–92 US Supreme Court, Diamond v Chakrabarty in, 88–89, 91–92 USDA See United States Department of Agriculture USPTO See US Patent and Trademark Office utilitarian theory food sovereignty narrative and, 105–106, 109 intellectual property rights and, 92–93 Uzunidis, Dmitri, 152 Van Overwalle, Geertrui, 119 Vernon, James, 4–5 La Via Campesina, 41, 43 corporations and, 43–44 farmers’ rights and, 124 human rights and, 122 right to food and, 122–124 Water Efficient Maize for Africa (WEMA), 40 WEMA See Water Efficient Maize for Africa WFP See World Food Programme World Climate Conference, 1990, 47 World Climate Conference, 1979, 17, 46–47, 58 World Food Conference, 1974, 29, 45–46 food security and, 134 right to food and, 48 World Food Programme (WFP), 3, 19–20 World Food Summit, 41, 134 World Trade Organization (WTO) See also Agreement on TradeRelated Aspects of Intellectual Property AoA by, 47–48 Declaration on the TRIPS Agreement and the Right to Health and, 117 neoliberalism and, 37, 47 world systems theory, 51 WTO See World Trade Organization CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW Books in the Series 140 Narratives of Hunger in International Law: Feeding the World in Times of Climate Change Anne Saab 139 Victim Reparation under the Ius Post Bellum: An Historical and Normative Perspective Shavana Musa 138 The Analogy between States and International Organizations Fernando Lusa Bordin 137 The Process of International Legal Reproduction: Inequality, Historiography, Resistance Rose Parfitt 136 State Responsibility for Breaches of Investment Contracts Jean Ho 135 Coalitions of the Willing and International Law: The Interplay between Formality and Informality Alejandro Rodiles 134 Self-Determination in Disputed Colonial Territories Jamie Trinidad 133 International Law as a Belief System Jean d’Aspremont 132 Legal Consequences of Peremptory Norms in International Law Daniel Costelloe 131 Third-Party Countermeasures in International Law Martin Dawidowicz 130 Justification and Excuse in International Law: Concept and Theory of General Defences Federica Paddeu 129 Exclusion from Public Space: A Comparative Constitutional Analysis Daniel Moeckli 128 Provisional Measures before International Courts and Tribunals Cameron A Miles 127 Humanity at Sea: Maritime Migration and the Foundations of International Law Itamar Mann 126 Beyond Human Rights: The Legal Status of the Individual in International Law Anne Peters 125 The Doctrine of Odious Debt in International Law: A Restatement Jeff King 124 Static and Evolutive Treaty Interpretation: A Functional Reconstruction Christian Djeffal 123 Civil Liability in Europe for Terrorism-Related Risk Lucas Bergkamp, Michael Faure, Monika Hinteregger and Niels Philipsen 122 Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy Caroline Henckels 121 International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations Daniëlla Dam-de Jong 120 Proof of Causation in Tort Law Sandy Steel 119 The Formation and Identification of Rules of Customary International Law in International Investment Law Patrick Dumberry 118 Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination Jeroen Temperman 117 Taking Economic, Social and Cultural Rights Seriously in International Criminal Law Evelyne Schmid 116 Climate Change Litigation: Regulatory Pathways to Cleaner Energy Jacqueline Peel and Hari M Osofsky 115 Mestizo International Law: A Global Intellectual History 1842–1933 Arnulf Becker Lorca 114 Sugar and the Making of International Trade Law Michael Fakhri 113 Strategically Created Treaty Conflicts and the Politics of International Law Surabhi Ranganathan 112 Investment Treaty Arbitration As Public International Law: Procedural Aspects and Implications Eric De Brabandere 111 The New Entrants Problem in International Fisheries Law Andrew Serdy 110 Substantive Protection under Investment Treaties: A Legal and Economic Analysis Jonathan Bonnitcha 109 Popular Governance of Post-Conflict Reconstruction: The Role of International Law Matthew Saul 108 Evolution of International Environmental Regimes: The Case of Climate Change Simone Schiele 107 Judges, Law and War: The Judicial Development of International Humanitarian Law Shane Darcy 106 Religious Offence and Human Rights: The Implications of Defamation of Religions Lorenz Langer 105 Forum Shopping in International Adjudication: The Role of Preliminary Objections Luiz Eduardo Salles 104 Domestic Politics and International Human Rights Tribunals: The Problem of Compliance Courtney Hillebrecht 103 International Law and the Arctic Michael Byers 102 Cooperation in the Law of Transboundary Water Resources Christina Leb 101 Underwater Cultural Heritage and International Law Sarah Dromgoole 100 State Responsibility: The General Part James Crawford 99 The Origins of International Investment Law: Empire, Environment and the Safeguarding of Capital Kate Miles 98 The Crime of Aggression under the Rome Statute of the International Criminal Court Carrie McDougall 97 ‘Crimes against Peace’ and International Law Kirsten Sellars 96 Non-Legality in International Law: Unruly Law Fleur Johns 95 Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law Mélanie Jacques 94 Foreign Investment and the Environment in International Law Jorge E Viñuales 93 The Human Rights Treaty Obligations of Peacekeepers Kjetil Mujezinović Larsen 92 Cyber Warfare and the Laws of War Heather Harrison Dinniss 91 The Right to Reparation in International Law for Victims of Armed Conflict Christine Evans 90 Global Public Interest in International Investment Law Andreas Kulick 89 State Immunity in International Law Xiaodong Yang 88 Reparations and Victim Support in the International Criminal Court Conor McCarthy 87 Reducing Genocide to Law: Definition, Meaning, and the Ultimate Crime Payam Akhavan 86 Decolonising International Law: Development, Economic Growth and the Politics of Universality Sundhya Pahuja 85 Complicity and the Law of State Responsibility Helmut Philipp Aust 84 State Control over Private Military and Security Companies in Armed Conflict Hannah Tonkin 83 ‘Fair and Equitable Treatment’ in International Investment Law Roland Kläger 82 The UN and Human Rights: Who Guards the Guardians? Guglielmo Verdirame 81 Sovereign Defaults before International Courts and Tribunals Michael Waibel 80 Making the Law of the Sea: A Study in the Development of International Law James Harrison 79 Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality Caroline E Foster 78 Transition from Illegal Regimes in International Law Yaël Ronen 77 Access to Asylum: International Refugee Law and the Globalisation of Migration Control Thomas Gammeltoft-Hansen 76 Trading Fish, Saving Fish: The Interaction between Regimes in International Law Margaret A Young 75 The Individual in the International Legal System: Continuity and Change in International Law Kate Parlett 74 ‘Armed Attack’ and Article 51 of the UN Charter: Evolutions in Customary Law and Practice Tom Ruys 73 Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice Stephen Humphreys 72 Science and Risk Regulation in International Law Jacqueline Peel 71 The Participation of States in International Organisations: The Role of Human Rights and Democracy Alison Duxbury 70 Legal Personality in International Law Roland Portmann 69 Vicarious Liability in Tort: A Comparative Perspective Paula Giliker 68 The Public International Law Theory of Hans Kelsen: Believing in Universal Law Jochen von Bernstorff 67 Legitimacy and Legality in International Law: An Interactional Account Jutta Brunnée and Stephen J Toope 66 The Concept of Non-International Armed Conflict in International Humanitarian Law Anthony Cullen 65 The Principle of Legality in International and Comparative Criminal Law Kenneth S Gallant 64 The Challenge of Child Labour in International Law Franziska Humbert 63 Shipping Interdiction and the Law of the Sea Douglas Guilfoyle 62 International Courts and Environmental Protection Tim Stephens 61 Legal Principles in WTO Disputes Andrew D Mitchell 60 War Crimes in Internal Armed Conflicts Eve La Haye 59 Humanitarian Occupation Gregory H Fox 58 The International Law of Environmental Impact Assessment: Process, Substance and Integration Neil Craik 57 The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond Carsten Stahn 56 United Nations Sanctions and the Rule of Law Jeremy Matam Farrall 55 National Law in WTO Law: Effectiveness and Good Governance in the World Trading System Sharif Bhuiyan 54 Cultural Products and the World Trade Organization Tania Voon 53 The Threat of Force in International Law Nikolas Stürchler 52 Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land Alexandra Xanthaki 51 International Refugee Law and Socio-Economic Rights: Refuge from Deprivation Michelle Foster 50 The Protection of Cultural Property in Armed Conflict Roger O’Keefe 49 Interpretation and Revision of International Boundary Decisions Kaiyan Homi Kaikobad 48 Multinationals and Corporate Social Responsibility: Limitations and Opportunities in International Law Jennifer A Zerk 47 Judiciaries within Europe: A Comparative Review John Bell 46 Law in Times of Crisis: Emergency Powers in Theory and Practice Oren Gross and Fionnuala Ní Aoláin 45 Vessel-Source Marine Pollution: The Law and Politics of International Regulation Alan Khee-Jin Tan 44 Enforcing Obligations Erga Omnes in International Law Christian J Tams 43 Non-Governmental Organisations in International Law Anna-Karin Lindblom 42 Democracy, Minorities and International Law Steven Wheatley 41 Prosecuting International Crimes: Selectivity and the International Criminal Law Regime Robert Cryer 40 Compensation for Personal Injury in English, German and Italian Law: A Comparative Outline Basil Markesinis, Michael Coester, Guido Alpa and Augustus Ullstein 39 Dispute Settlement in the UN Convention on the Law of the Sea Natalie Klein 38 The International Protection of Internally Displaced Persons Catherine Phuong 37 Imperialism, Sovereignty and the Making of International Law Antony Anghie 35 Necessity, Proportionality and the Use of Force by States Judith Gardam 34 International Legal Argument in the Permanent Court of International Justice: The Rise of the International Judiciary Ole Spiermann 32 Great Powers and Outlaw States: Unequal Sovereigns in the International Legal Order Gerry Simpson 31 Local Remedies in International Law (second edition) Chittharanjan Felix Amerasinghe 30 Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law Anne Orford 29 Conflict of Norms in Public International Law: How WTO Law Relates to Other Rules of International Law Joost Pauwelyn 27 Transboundary Damage in International Law Hanqin Xue 25 European Criminal Procedures Edited by Mireille Delmas-Marty and J R Spencer 24 Accountability of Armed Opposition Groups in International Law Liesbeth Zegveld 23 Sharing Transboundary Resources: International Law and Optimal Resource Use Eyal Benvenisti 22 International Human Rights and Humanitarian Law René Provost 21 Remedies against International Organisations Karel Wellens 20 Diversity and Self-Determination in International Law Karen Knop 19 The Law of Internal Armed Conflict Lindsay Moir 18 International Commercial Arbitration and African States: Practice, Participation and Institutional Development Amazu A Asouzu 17 The Enforceability of Promises in European Contract Law James Gordley 16 International Law in Antiquity David J Bederman 15 Money Laundering: A New International Law Enforcement Model Guy Stessens 14 Good Faith in European Contract Law Reinhard Zimmermann and Simon Whittaker 13 On Civil Procedure J A Jolowicz 12 Trusts: A Comparative Study Maurizio Lupoi and Simon Dix 11 The Right to Property in Commonwealth Constitutions Tom Allen 10 International Organizations before National Courts August Reinisch The Changing International Law of High Seas Fisheries Francisco Orrego Vicuña Trade and the Environment: A Comparative Study of EC and US Law Damien Geradin Unjust Enrichment: A Study of Private Law and Public Values Hanoch Dagan Religious Liberty and International Law in Europe Malcolm D Evans Ethics and Authority in International Law Alfred P Rubin Sovereignty over Natural Resources: Balancing Rights and Duties Nico Schrijver The Polar Regions and the Development of International Law Donald R Rothwell Fragmentation and the International Relations of Micro-States: Self-Determination and Statehood Jorri C Duursma Principles of the Institutional Law of International Organizations C F Amerasinghe ... NARRATIVES OF HUNGER IN INTERNATIONAL LAW This book explores the role that the language of international law plays in constructing understandings – or narratives – of hunger in the context of. .. end of this volume NARRATIVES OF HUNGER IN INTERNATIONAL LAW Feeding the World in Times of Climate Change ANNE SAAB Graduate Institute of International and Development Studies University Printing... Strategy The Role of International Law in Feeding the World Narratives of Hunger and the Pyramid of Assumptions 12 Climate Change, Narratives of Hunger, and International Law 15 1.1 Hunger and Climate