Research On The Relationship Between Trade Liberalization And The Protection Of The Right To Food

It is the deadline to achieve the objective of 1996 World Food Summit to "reduce the number of undernourished people to half their present[1996]level no later than 2015",however,it is still quite difficult for developing countries to achieve this goal in the course of the year according to the current development status.The right to food,which means everyone has the right to have access to adequate food and be freedom from hunger,is a basic human right.The state should ensure people have the capacity to feed themselves in dignity.Trade is an important way to realize the right to food,trade liberalization should promote the realization of the right to food.It is closely related between trade liberalization and the right to food protection.The first chapter analyzes the nature of the right to food and its legal protection.It first defines the right to food by expounding the connotation of the right to food and its implementation barriers.Then it elaborates the legal protection of the right to food,concluding the legal sources of the right to food and its corresponding legal obligation.The state should not only protect the right to food of their citizens,but should also undertake an extraterritorial obligation to protect the right to food of the people from other countries.Finally,it analyzes the nature of the right to food,it finds that the right to food is a basic human right which is protected by customary international law,requiring all countries to work together to realize it.The second chapter parses the relevance between trade liberalization and the right to food protection.Trade liberalization and the right to food protection mutually contain and influence each other.On substantial relevance,trade liberalization not only positively impacts but also negatively influence on the right to food protection.On institutional relevance,the two systems have commonality inside,but also separate from each other.The third chapter examines the institutional tension between trade liberalization and the right to food protection.There are two causes of institutional conflict between trade liberalization and the right to food protection,namely,one is that the embodied neo-liberalism orientation of multilateral trade system causes neglect of realization of collective goal;the other is because of the power orientation of international trade rules.The institutional tension distinctly shows at three aspects,they are institutional tensions between AOA/TRIPS/food aid and the right to food protection.Finally,it researches what impact is caused by the institutional tension.The fourth chapter puts forward how to integrate institutionally trade liberalization with the right to food protection.First of all,the institutional integration needs two premises:one is the internal logical changes between the multilateral trading system and the right to food protection,concluding the skepticism of neo-liberal economic model and the moral regression from gesellschaft to gemeinschaft of the multilateral trade regime,the other is that we should relocate the function of the right to food in trade liberalization.Secondly,the principles of the integration trade liberalization with the right to food protection are analyzed.Again,suggestions about institutional integration trade liberation with the right to food are made.Finally,we should reform AOA in a way promoting the realization of the right to food.The final part overviews the present situation of the right to food protection in China,analyzes the impact of trade liberalization to the right to food protection of the citizens,puts forward advices on how to promote the right to food protection of citizens in the process of liberalization of trade in China.