Fao Legislative Study

This book encompasses a broad range of natural resource sectors, with discrete chapters on water, land, forestry, fisheries, mining, petroleum and agriculture. Given this broad range of areas, the focus of the publication is narrowed to provide an overarching holistic perspective that is supportive of a systems-thinking approach. Recognizing that there are many useful publications elsewhere that detail extensively the specific regulatory elements of sound laws in the respective areas, this book offers the specific prism of highlighting approaches that embrace the pillars of sustainable development, i.e. approaches that recognize and are informed by economic, social and environmental considerations and impacts.

The increasing globalization of food trade and the harmonization of food standards and food safety rules have led to significant changes in the international and national regulatory frameworks for food. There is an increasing recognition of the need to integrate and improve coordination of regulatory activities among national and international bodies for better protection of human, animal and plant life and health without creating unnecessary barriers to trade. In addition, catastrophic outbreaks of food-borne disease have sparked increasing attention to the regulatory frameworks for food safety and food trade in the global arena. These developments have given rise to new legislative needs. National regulatory frameworks have to be adjusted to meet international and regional obligations, while the distribution of responsibilities for the food sector requires rigorous review. The present text draws on FAO's experience in providing technical assistance to governments developing new food laws and regulations, setting out and examining the many elements of the national system which should be taken into account in a comprehensive review of national regulatory frameworks for food. Towards that end, the text offers concrete recommendations for the preparation of a basic national food law, including three variants of a new model food law.

The right to water emerged in the Nineties primarily as the right to domestic water for drinking, washing and cooking, and was closely related to the right to sanitation, both of which are seen as a component of the right to an adequate standard of living. This study examines the question of the right to water for food and agriculture and asks whether such a right can be found in the right to water, or whether it is more appropriate to examine the right to adequate food for that purpose. Seeking inspiration from the right to adequate food and from other fields of international law, the study explores the content of the right to water for food and agriculture and then considers its implications for water law. Recognizing a human right to water – for drinking and household needs as well as for growing food – has implications for water allocation and sets limits to the extent that water can be allocated for other uses. In addition, it entails the respect for procedural rights and attention to important principles, such as the principle of non-discrimination and the rights of indigenous peoples.

A robust regulatory framework for the corporate governance of water users' organizations is a fundamental ingredient of irrigation management transfer policies. The present publication offers a comparative analysis of the contemporary legislation of a wide variety of countries, providing the needed regulatory framework for water users' organizations to function and grow.

Many national legal frameworks still do not include laws and measures specifically intended to tackle climate change in the agriculture sectors. However, national laws and institutional frameworks are necessary for good governance and can operate to support the implementation of national policy and international commitments, including on climate change. Indeed, Target 16.3 of the Sustainable Development Goals calls for the promotion of the rule of law, and the assurance of equal access to justice for all. This is both an important stand-alone goal and an enabling goal for the realization of the transformative 2030 Agenda for Sustainable Development‎. Furthermore, the Food and Agriculture Organization of the United Nations (FAO) sees appropriately designed, informed and responsive national legal and institutional frameworks as key to supporting the implementation of countries’ commitments under the 2015 Paris Agreement, as well as their Nationally Determined Contribution in the food, agriculture and natural resources sectors. Climate change presents multiple challenges and it cannot be addressed effectively in silos. Attention must be paid not only to specific agriculture sectors, but also to governance areas that are interconnected with agriculture, such as public spending and investment, social protection and rural development. Efforts should be coordinated with the engagement of civil society, including the legal profession, vulnerable groups and the private sector.This Study addresses the principal expressions of the food and agriculture sector (crops and livestock agriculture, forestry and fisheries), looking at the critical cross-cutting issues and their integration into agriculture law. It provides a comprehensive overview of the legal and institutional issues to consider when working towards preparing the agriculture sector for the challenges of climate change.

The objective of this legislative study is to provide an analysis of the texts and the issues that need to be considered to primarily understand the legal and institutional frameworks that facilitate the agricultural practices of poor urban farmers. Special emphasis is also given to the instruments and frameworks that increase access to food for those living in urban poverty and who do not have access to nutritious food.

FAO’s previous contribution to the development of contract farming saw the publication in 2015 of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming, which focused on the bilateral relationship between an agricultural producer and a contractor. This Legislative Study develops that research and focuses on the regulatory frameworks for contract farming, aiming to highlight different possible approaches for different contexts. Responsible contract farming can be a powerful tool for small scale farmers in developing countries to move towards larger scalecommercial production. It can create economic wealth, contribute to supply chain efficiency through the production of higher quantities of better quality products, and contribute to achieving domestic food security objectives. Maximizing these benefits while minimizing the inherent risks of contract farming is reliant upon the forging of an enabling environment, a key part of which is the domestic regulatory framework. This Legislative Study provides guidance to domestic regulators and other interested readers on how to appraise and potentially reform domestic regulatory frameworks to achieve responsible contract farming. Recognising that different countries and contextual realties may benefit from different regulatory solutions, this Study provides several examples, supported by representative case studies, on how contract farming can be regulated, without promoting a single solution as the most appropriate. Please visit FAO’s Contract Farming Resource Centre, http://www.fao.org/in-action/contract-farming/en/, which is a regularly updated website hosting a variety of material on contract farming both from FAO and from other recognized authors.