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Christian Häberli

Agriculture is more affected by climate change, it contributes more to GHG emissions, but it also offers more development opportunities in a climate change perspective than other sectors. This chapter asks whether the food value chain is climate change resilient under the present international regulatory framework. The research hypothesis is that a legal analysis of the issues at stake has to include the specific situation of weak states, small farmers and poor consumers. This is a still under-researched issue of policy space and tools coherence both at national and international levels. Climate change affects poverty, hunger and malnutrition. Hence mitigation and adaptation strategies need to consider other issues including production subsidies, productivity, non-food uses of agricultural land such as biofuels for local production and for exports, biotechnology, standards and labelling, carbon taxation and emission trading, water and fish, risk insurance and export restrictions, food stockpiles, mitigation of various vulnerabilities, gender, local and international migration and violence. From a regulatory perspective the relevant question is whether the present policies and tools promoting food production, investment and trade are good enough to cope with the additional challenge of global warming. This overview shows that today’s regulatory deficits are anything but climate change-resilient. The presently non-negotiable deficiencies of several WTO rules, and the lack of stringent disciplines for trade-distorting farm and fish subsidies, jeopardize climate action for agriculture. There is a need to review regional trade agreements and sectorial agreements including on energy, aviation, water management, shipping, fishing and migration – even the preferential treatment of climate-friendly products and processing methods from developing countries. Changes are also required for international investment treaties. Foreign direct investment in agriculture is under-regulated and over-protected. However, required first and foremost are multilaterally agreed climate-smart best farming and processing practices. These standards would then need to be enshrined in a credible multilateral environmental agreement, and protected against legal challenges in the WTO, similarly to internationally agreed food safety standards. This exercise quite possibly implies some new and climate-specific trade and investment rules for agriculture, water and aquaculture. Absent such new or modified rules, climate change – if it continues according to scientific forecasts – might marginalize some of the net food-importing developing countries even more, and drive poor smallholders out of business even faster. Key Words: climate change, agriculture, trade, investment, development, WTO

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Robert Kibugi

The evidence of climate change is now irrefutable. African ecosystems are already being affected by climate change, which will further amplify existing stress on water availability in Africa, with strong adverse effects on food security. Kenya faces climate change impacts in its development efforts, particularly in the vulnerability of smallholder, mainly rain-fed, agriculture, to climate variability. The chapter examines the role of the law in framing appropriate tools that can be deployed for use by the government and farmers in order to coordinate adaptation strategies in a manner that builds resilience, and enhances adaptive capacity. In particular, the argument is that it is necessary to pursue mainstreaming of climate change strategies into agriculture law and policy priorities, in order to ensure that from national policy to land use choices by farmers, adaptation is internalized as an imperative for agriculture decision making. Key Words: climate change, adaptation, agriculture, economy, land use, extension

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Keith H Hirokawa

Especially in the context of agriculture and local land use, control strategies are critical considerations in a climate change response. At no other level of governance are considerations of home and community identity more pervasive. At no other level of governance are the felt necessities more personal. And at no other level of governance do the citizens feel more empowered. And yet, reliance on land use controls for resiliency purposes is a complicated task. The pervasive and perennial problems that confront local governments as they turn their attention to the impacts of climate change involve financial ability to implement a vision of resiliency, authority to act within a federalist system, and community commitment on an issue that retains enough political controversy to call into question the police power justification for action. Key Words: agriculture, local, zoning, land use, planning, community

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Amanda Kennedy and Amy Cosby

Within the broader context of climate change, the recent rapid expansion of extractive fossil fuel industries (such as coal and unconventional gas) in agricultural communities throughout Australia has raised significant concerns over agricultural production capacity and food security. With many new coal and gas developments proposed either on or within close proximity to agriculturally productive land, both atmospheric impacts as well as direct land conversion have catalysed new and complicated land use conflicts, which existing regulatory frameworks have failed to resolve. Drawing upon a case study from the North West area of the state of New South Wales in Australia, this chapter examines conflict over agricultural land in the context of global climate change. It focuses particularly on regulatory reforms to better manage land use conflict, but finds that attempts at reform have thus far enjoyed little success in resolving land use disputes. Using an environmental justice lens, the chapter explores how community capacity to participate effectively in land use decision making was further constrained by reform efforts. By prioritising the broader economic benefits of extractive development, the values and views of agricultural communities were marginalised and discounted, serving to intensify opposition to development and entrenching broad-scale social conflict. The chapter concludes that the complex issue of agricultural land use conflict requires governance approaches that are grounded in principles of environmental justice. Greater attention to the distribution of environmental risks and harms, and the incorporation of mechanisms to ensure equal treatment in decision-making processes, will ultimately strengthen the capacity of agricultural communities to respond to environmental threats such as climate change. Key Words: agricultural land use conflict, environmental justice

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JB Ruhl

Programs to pay for ecosystem services from agricultural lands (AgPES) are designed to provide incentives to change on-farm practices and thereby rebalance the ecosystem services profile to increase off-farm flows of regulating and supporting services such as groundwater recharge, sediment control and pollination. This chapter focuses primarily on the legal details of AgPES program design with special attention to their potential role in climate change adaptation. The chapter first provides brief overviews of the ecosystem services framework and the design basics of AgPES programs. It then turns to the promise and challenges of AgPES programs in light of climate change adaptation policy. In closing, the chapter suggests some of the legal questions that should be asked and answered when using AgPES as a climate change adaptation policy instrument. Key Words: ecosystem services, agriculture, payment for ecosystem services, climate change adaptation

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Jonathan Verschuuren

This chapter critically assesses the current and potential role of the UNFCCC and related documents, most importantly the Kyoto Protocol and the Paris Agreement, in addressing the combined challenges for the agricultural sector of reducing greenhouse gas emissions and adapting to the changing climate while increasing productivity. To date, agriculture has only played a marginal role in the UNFCCC and the Kyoto Protocol, and there are not many signs that things will be drastically different under the Paris Agreement. These international instruments certainly do not provide a powerful stimulus to adopt and implement policies aimed at converting agricultural practices to become climate smart. Under the UNFCCC, there is little attention to reducing emissions from agriculture. Most attention focuses on adaptation to climate change in rural areas in developing countries, particularly through the various instruments that finance adaptation projects in developing countries. Yet even in that area progress is painfully slow. Much more concrete action is needed to facilitate the transfer of adaptation technologies and adaptation know-how as well as funds to finance adaptation measures in agriculture to developing countries. For the developed countries, the UNFCCC does not make much of a contribution to addressing climate change and food security issues. Because emissions from agriculture have been rising on a yearly basis since 1990 and because the increase in demand for agricultural products (both for food and for biofuels) will cause emissions to rise further, agriculture can no longer be ignored in the international negotiations. Key Words: climate smart agriculture, technology transfer, food security, adaptation, mitigation, developing countries

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Sérgio Sauer, José Paulo Pietrafesa and Pedro Araujo Pietrafesa

The aim of this chapter is to analyze the expansion of ethanol production and sugarcane cultivation in the Brazilian Biome called Cerrado and its impacts on national levels of greenhouse gas (GHG) emissions. The main argument is that the production cycle of ethanol not only emits a large quantity of GHG, but also causes environmental and social problems in the regions where it is cultivated. Sugarcane, has been part of Brazilian agricultural history since the colonial era. More recently, it has been used to produce both sugar and/or ethanol, and the production of ethanol has increased greatly since the development of flex-fuel vehicles. After 2005, the Brazilian sugarcane harvest expanded by 69 percent due to the Brazilian National Agro Energy Plan (2006–2011), Sugarcane Agroecological Zoning, governmental financial incentives and international capital investments. It has a strong commercial appeal because of the ‘potential for reducing global greenhouse gas emissions’. Thus, the emissions were calculated using a method developed by Claros Garcia and Von Sperling (2010), concluding that the production cycle of ethanol is responsible for approximately 8.33 percent of total GHG emissions in Brazil. Besides such impact and despite the advances in technologies for the cultivation of sugarcane, the agrofuel industry is one of the main contributors to social and environmental issues in the Brazilian countryside. Key Words: sugarcane ethanol, Cerrado Biome, land use, environmental impacts, GHG, Brazil

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Elodie Le Gal

Agricultural industries such as livestock and crop production provide food and raw materials to billions of people. They generate income for households, including 70 percent of the world’s poor who live in rural areas. To ensure food security and maintain agricultural productivity while sustaining natural resources environmental services from agricultural lands need to remain sustainable. However, over recent decades, agricultural assets have been dramatically impacted by a range of human-induced environmental threats, among which are climate change and invasive species. This chapter explores some key relationships between climate change, invasive species law, and agriculture. While invasive species law can contribute to climate change adaptation by protecting agricultural values from harmful biological infestations, significant institutional, governance and methodological challenges are likely to jeopardise its effectiveness. While these various challenges are discussed in the Australian context, this chapter intends to provide broader insights into the institutional improvements likely to be required to improve invasive species law in other parts of the world to protect agricultural systems from biological infestations aggravated by climate change. It also highlights further research directions to better reconcile invasive species law with sustainable agriculture and livelihoods while building an effective low-carbon economy. Key Words: climate change, invasive species, governance challenges

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Akachi Odoemene

Climate change and land grabbing are tightly interconnected in ways that are both diverse and complex. They have impacted each other in significant ways too. Both phenomena are not only a political reality, but have diverse dire implications, especially for food and livelihood security of vulnerable populations in developing economies. The critical nexus and interactions of climate change and land grabbing remain one of the challenges of sustainable development in modern times. The nuanced understanding of the nexus, importance and implications of climate change and land grabbing are the primary focus of this chapter. It begins with conceptual clarifications, particularly arguing that the absence of some important principles of engagement underline and define a land grab. It also analyses and notes a good number of contemporary land deals as ‘one-sided’, in which wealthy entities connive with local elites to exploit and dispossess rural poor populations. The chapter not only examines both global and local factors that drive land grabbing and, in some cases, their connection with the incidence of climate change, but also explores their crucial links with such sectors as agriculture. The reasons why certain societies are susceptible to the incidence of climate change and land grabbing are enumerated, while the overall consequences of these phenomena on the affected societies are further examined. The chapter concludes that the lack of political will by global political leaders to effectively combat and resolve critical issues associated with both climate change and land grabbing remains a daunting challenge. It notes that these phenomena – climate change and land grabbing – if not abated, will certainly become another set of global tragic episodes to be regretted in the future. Key Words: climate change, land grabbing, wealth and elite exploitation, agriculture, vulnerable populations, and developing economies

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Robert W Adler

Under international law, every person has a human right to basic life support goods and services, including food, clothing and shelter. All of these are supplied in part by agricultural economies. A growing global population will also increase demand for fiber and other agricultural materials, as well as biofuels that increasingly compete with food for agricultural production. Water is essential to this agricultural productivity, but water reliability is likely to decline in many regions of the world in the face of climate change. Water may be available in an agricultural region generally, but not at the location of the best soils or other resources, thus requiring storage and transport to support a successful agricultural economy. Sufficient water may be available to grow particular crops, but other parties may have competing water rights. Poor water quality may affect some crops more than others. Water law regimes, both domestic and international, help human economies use available water supplies for agriculture efficiently, effectively, or equitably, depending on the goals established by the governing law. Increasingly, water law also seeks to preserve human uses while also protecting aquatic and other water dependent ecosystems. As a result, there is a pressing need for individual nations and the global community to design and implement strategies to adapt existing water law to the potentially significant impacts of climate change. This chapter explores the impacts of climate change on the relationship between water and agriculture, and the degree to which domestic and international water law will have to adapt to those impacts. It reviews predictions about the likely impact of climate change on water supplies and the stability and reliability of those supplies. The chapter also evaluates the ability of both international water law and domestic water law – using US water law as the prime example – to adapt to those changes. Key Words: climate change, water law, agriculture, adaptation, risk, water supply