Is the quest to eat healthy a route to enhancing consumer’s food security?

Background On an individual level, food security has multiple dimensions and consumers exhibit heterogeneity in the extent to which different attributes matter in their quest for enhanced food security. The aim of this paper is to explain how the quest for individual food security arises and its dynamic nature and its implications for how food security-enhancing attributes are defined and how they are signaled, and for the role of regulators and food supply chains in establishing credible signals. Results The paper finds that the quest for enhanced individual food security is a dynamic process that responds to the disequilibrium that change brings. The changing role of standards and grades as signals in food markets is discussed as a precursor to considering the implications for both market and non-market (regulatory) failure in determining the appropriate role for the public sector in regulating food safety and quality standards and labeling. The rise of private standards is examined, along with a consideration of how these standards differ in terms of scope and objective and their implications for international trade in increasingly globalized food supply chains. Conclusions Despite the growth of private standards, a clear role remains for mandatory public standards, yet challenges arise when these standards differ across countries.

THEORISING THE LOCAL ADAPTATION OF TRANSNATIONAL CERTIFICATION STANDARDS

Over the last three decades, transnational certification standards have proliferated to fill perceived ‘governance gaps’ in developing countries. Transnational non-governmental organisations and private standards-setting agencies have developed standards that cover a vast range of areas such as labour rights, social justice and environmental protection. As a form of private transnational regulation, certification standards travel through transnational production networks that link lead firms in developed countries with supplier firms in developing countries. This article draws on a case study about coffee certification to challenge the conventional understanding of transnational certification as a contractual conduit that transfers encoded certification standards from senders to receivers. It shows how transnational certification standards interact with, and remake local regulatory landscapes as they pass through. This interaction between global and local knowledge compels us to see transnational standards as a protean, highly localised regulatory process rather than stable universal norms. The article concludes that transnational certification does not function like an integrated ‘joined-up’ process and it is better understood as a mode of polycentric regulation that decentres and fragments transnational norms and standards.

The Potential of Private Standards for Valorizing Compliance with Access and Benefit Sharing Obligations of Genetic Resources and Traditional Knowledge

International legal instruments such as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (“Nagoya Protocol”) and the International Treaty on Plant Genetic Resources for Food and Agriculture (“ITPGRFA”) are meant to create incentives for fairly sharing the benefits of the utilization of genetic resources. These commitments have, however, been assessed by many stakeholders as an obstacle rather than an incentive to commercial activities. If this is indeed the case, ABS obligations may do more harm than good and raises the fundamental question: can ABS obligations be translated from an obstacle into an opportunity? The article discusses consumer-based mechanisms as positive drivers for benefit sharing by using private standards to incentivize ABS obligation compliance. This approach goes further than using private standards as implementation tools, and suggests that they could leverage advantages for industry from the consumer perspective, specifically a consumer-facing label on products. We suggest a research strategy addressing this approach.

The Impact of Private Standards on Corporate Social Responsibility Compliance and Rural Workers’ Motivation in Developing Countries: A Study of Mango Farms in Pakistan

This study examines the role of a private standard on corporate social responsibility (CSR) compliance in the Pakistani mango industry and how this compliance affects rural workers’ motivation. Pakistan is the fifth largest mango producer in the world and the fourth largest exporter in global mango trade; also, mango is the biggest fruit crop within the country. Mango trade is subject to trade terms, where buyers decide the conditions of trade agreements by means of codes of conduct. The key dimensions of the codes involved in agrofood trade are food safety, traceability, worker welfare, and environmental consideration, issues which are all connected with CSR. Private standards ensure compliance with these codes of conduct. This study draws on interviews and a questionnaire survey with certified mango producers and farm workers in Pakistan. The mango industry also involves other stakeholders such as government institutes and NGOs; interviews were also conducted with their representatives. Given that this study is an impact assessment research, the researcher designed a theoretical framework using a mixed method approach to investigate the rationale behind acquiring the standard by the mango growers in Pakistan and what impact (if any) this shift has generated with regard to the farm workers’ job satisfaction and motivation. This study is the first to empirically examine good agricultural practices in Pakistan and evaluate their impact. This study shows that private standards play a significant role in ensuring compliance, and CSR practices implemented through them were found to be positively related to the rural workers’ job satisfaction and motivation. Furthermore, this study has made separate contributions to theory, methodology, and practice. The production of the synergistic model for improving compliance is among the key highlights of the study. The findings of this study can extend to other agriculture and primary production industry workers in Pakistan and even beyond to other developing countries’ rural agriculture workers.

The Place of Voluntary Standards in Managing Social and Environmental Risks in Global Value Chains

Under the notion of human rights due diligence (HRDD), firms are under a responsibility to account for the social and environmental impact connected to their operations across global value chains. This responsibility intersects with the sphere of operation of voluntary sustainability standards (VSS), which certify production against certain social and environmental criteria. With mandatory European rules on HRDD in the making, the question arises regarding the extent of alignment of VSS with HRDD notions and, consequently, the possibility for this form of transnational private regulation to complement European Union (EU) HRDD legislation. After presenting the regulatory effects of HRDD in global value chains and its current transposition in EU instruments, this contribution examines the relationship between private standards and HRDD. By delving into the substantive requirements and policies of several schemes certifying agricultural commodities, this paper studies the extent to which they manage social and environmental risks in global value chains and the possible support they provide to firms subject to the upcoming HRDD obligations.

Part IV Normative Development, Ch.26 Private and Quasi-Private Standards

This chapter discusses the concept of private and quasi-private standards in the environmental domain. While many of these standards involve the labelling of compliant products, others do not. The chapter begins by defining the concept of private and quasi-private standards, examining their rise and the reasons for this. A standard is considered to be private when the document in question is adopted by one or more non-governmental entities, including for example firms, non-governmental organizations (NGOs), and trade unions. Private standards may be firm- or sector-specific, or they may focus on a particular commodity such as sugar, palm oil, or soy. Meanwhile, the concept of a quasi-private standard is less clear and needs to be carefully defined. The chapter then looks at how these standards interact with international law in a variety of important ways. It also assesses the effectiveness and legitimacy of private and quasi-private standards.

Private Processes and Public Values: Disciplining Trade in Forest and Ecosystem Risk Commodities via Non-Financial Due Diligence

This article takes stock of the many private and public instruments enacted transnationally to tackle the pressing problem of deforestation, ecosystem conversion, and associated human rights violations caused by international demand for and trade in agricultural commodities. The article argues that non-financial due diligence based on no-conversion criteria, and in line with the United Nations Guiding Principles on Business and Human Rights, holds considerable potential for ensuring deforestation-free value chains by enrolling and scaling up firm-level supply-chain management systems and private standards. The article introduces the main features of a possible European Union measure that disciplines via non-financial due diligence the placing on the market of commodities and products associated with deforestation, ecosystem conversion, degradation of forests and ecosystems, and associated human rights violations. Such a measure would also have the effect of streamlining initiatives enacted by private authority.

A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.