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International Agricultural Law and Policy

A Rights-Based Approach to Food Security

Hope Johnson

Globalised agriculture and food systems are at the crux of significant issues facing humanity from the rise in diet-related diseases to water pollution and biodiversity loss. Yet, legal scholarship on the regulation of agriculture and food is only now emerging. This timely book provides the first systematic analysis of the public international rules influencing agriculture. Each chapter considers the regulatory instruments that intersect with different components of agricultural systems from land tenure and soils through to agricultural in-puts and trade.
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Chapter 3: Land

Hope Johnson

Extract

This chapter considers what a rights-based approach would require in the context of land rights, and analyses the various human rights instruments and international investment laws that influence access to and use of arable land. This discussion shows how, despite the global dynamics that significantly influence land rights and land uses, international institutions have failed to develop regulatory instruments that effectively shape land rights consistent with the human rights-based approach (RBA) outlined in the previous chapter. This chapter examines how this regulatory failure has come to the forefront with the trends in large-scale land acquisitions involving foreign actors; it considers the recent creation of several non-binding instruments relevant to agricultural land rights in terms of whether the instruments are consistent with a RBA and are likely to address the issue of large-scale land acquisitions by foreign actors.

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