New and Emerging Issues in International Agricultural Trade Law
Research Handbooks on the WTO series
Edited by Joseph A. McMahon and Melaku Geboye Desta
When we were approached to edit a collection on International Agricultural Trade Law, we eschewed an approach which would have examined the existing provisions of the Agreement on Agriculture (AoA) and the agriculture negotiations in the Doha Round. A major factor in this decision was that a signiﬁcant body of commentary and literature already exists on the rules of the AoA, a signiﬁcant proportion of it authored by the contributors to this volume. We did not wish to repeat or reproduce that literature here. Instead, we have chosen to focus on the ‘new’ issues that are closely linked to the international regulation of agricultural production and trade, but that have neither been suﬃciently covered by the rules of the AoA nor adequately addressed in the literature. Many of these issues are either left to some other non-WTO instruments and systems (e.g. climate change under the UNFCCC system, etc.), raising the issue of relations with the WTO regime as a key question, or simply fall in the cracks between the WTO and those other regimes (as the food security issue appears to be). This volume focuses on these borderline issues. At the same time, we also needed to put these issues within the context of the existing legal terrain. We use the Introduction chapter to provide the necessary background information, where we examine the provisions of the AoA, as informed by the jurisprudence of WTO Panels and the Appellate Body. This introduction also oﬀers a very brief...