What are the effects on trade regulation for food security under the world trade organization system

What are the effects on trade regulation for food security under the world trade organization system

With the launch of new negotiations on international trade called ‘Doha Development Agenda’ (DDA), agriculture is once again expected to be a central and difficult issue. As a solution to the problems associated with food security in the DDA negotiation on agriculture, this article suggested a creation of a food security box.

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The basic idea of the food security box is, (i) to allow, like other existing exemptions (such as Green and Blue Boxes), a series of exemptions to the AoA for members whose agriculture was not meeting basic food security needs (hereinafter the members); (ii) to allow the members to protect and enhance their domestic production capacity under certain conditions; (iii) to provide flexibility to the members so as to increase domestic support for agriculture until they have achieved a certain level of food self-reliance; (iv) to obligate developed countries to give to developing countries technical assistance for improvement in the productivity; (v) to balance the rights and duties between food-exporting countries and food-importing countries.

Free trade alone cannot solve the global food security problems, since free trade may have both positive and negative effects on food security. It should be noted that the policy to achieve food security based only on food aid and trade liberalization is too risky in terms of long term public policy. Given the instability of agricultural production and food aid, it is in the special interests of many food-importing countries such as the Republic of Korea and Japan to increase domestic agricultural production to ensure food security.

I . Introduction

The Doha Ministerial Declaration, issued at the fourth World Trade Organization (WTO) Ministerial Conference on 14 November 2001, launched new negotiations on a range of subjects, and included the negotiations already underway in agriculture and services. With the launch of new negotiations on international trade entitled “Doha Development Agenda (DDA),” agricultural trade is expected to be the most contentious and difficult issue.’) It is agreed that the non-trade concerns (NTCs) such as food security and environmental protection will be taken into account. At the DDA agricultural negotiation, food security

* Professor, College of Law, Kyung Hee University, Seoul, Korea E-mail: <tomichoi@khu.ac.kr >

This work was supported by the Korea Research Foundation (KRF-2001-013-000021). is a key element of NTCs. The NTC Group (comprising the European Communities, Japan, Norway, Switzerland, South Korea and Mauritius), often called as the ‘Friends of Multifunctionality’, raised NTCs as a central part of their negotiating positions.

The United States and the Cairns Group rejected, however, the concept. Some countries argue that there is no food security issue for developed countries because they can afford to purchase if necessary. Food security is, however, fundamentally a matter of national security, justice and human rights where all countries have a great concern.

The focus of the Agreement on Agriculture (AoA) is, unfortunately, not on food security but on trade liberalization. The existing provisions of the AoA can not only not solve the global food security problems but also have detrimental impacts on food security and sustainable development, consumer health and safety and the environment. The AoA does not adequately and equitably address the food security needs of both developing countries and developed countries. As a solution to the problems associated with food security in the WTO negotiation on agriculture, this article suggests a creation of a food security box. This article will not attempt to explain or describe the details of the AoA.

Section II describes the concept of food security under the context of the WTO system and international law. Section HI points out some problems and shortcomings in the current AoA. Section IV describes the concrete contents of a proposed food security box. Section V provides a brief summary and conclusion.

II. The Concept of Food Security

1. Definition of Food Security

The term ‘food security’ has been defined in diverse ways. Both developing countries and developed countries have adopted some kind of food security policy. One starting point in understanding the concept of food security is a widely accepted definition adopted by the United Nations Food and Agriculture Organization (FAO) at the World Food Summit in 1996: “Food security exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for

an active and healthy life.” 2) There are four elements implicit in this definition: availability, accessibility, reliability (or stability), and sustainability. Adequate food availability means that sufficient food supplies should be available to meet consumption needs. Access to food means that both physical and economic access to food should be guaranteed. 3) A reliable food supply means that an adequate food supply should be continued even during seasonal or cyclical variations of climate and socio-economic conditions. Access to adequate food is essential for good nutrition, but it is not in itself sufficient. Food should also be safe in order that people may survive and be free from disease. Food security, therefore, inevitably requires food safety. In addition, food security requires agricultural sustainability in terms of long-term food security. If agricultural production is managed through exploiting non-renewable natural resources or degrad…………………………………..