Thesis
Agroecology and EU law: finding potential for agroecology at the nexus between biodiversity law and human rights law
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2022
- Thesis identifier
- T16419
- Person Identifier (Local)
- 201654093
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- The negative environmental and social impacts of an industrial agricultural and food systemhave increasingly become a focus of attention of international and EU law. Agroecologyprovides a promising, alternative model for farming and food production, based upon principlesof ecology and equity. However, the uptake of agroecology in law is limited and where explicitreferences are made, they are often defined by a lack of conceptual clarity and the absence ofobjectives and principles that are required to guide comprehensive and systemic change.This thesis argues that whilst there is a huge need for laws and policies to be more supportiveof agroecological transitions, there is no need to reinvent the legal wheel as ecological thinkingis already evident in other areas of law- and policymaking. In particular, it finds that theecosystem approach under the Convention on Biological Diversity – and its elements ofintegration, conservation, and equity – could provide a framework to guide regulatory actionsand reform in an agroecological direction. This thesis then uses two case studies on EU riskregulation of pesticides and GMOs and EU regulation on organic production to identify whereand how EU law is currently delivering on a vision that integrates and prioritises ecologicalstewardship and where it is falling short. The analyses reveal that whilst considerations relatedto the protection of agroecosystem functions are increasingly included in high level provisions,principles and aims, they are not translated into concrete measures such as decisions onauthorisation in the case of GMOs and pesticides, and specific production rules in the case oforganic certification. The (increasing) marginalisation of agroecological farmers as ecosystemstewards in the relevant processes and the lack of (meaningful) integration of local knowledgeare recognised as common inhibiting factors to a more (agro)ecological approach to regulation.This thesis, therefore, turns to human rights law to see how agroecological stewards can be(re)empowered in relevant law- and policymaking processes. In this regard, it further examinesthe important dynamics between the ecological and social elements of agroecology, drawingsynergies with the CBD’s ecosystem approach. This analysis exposes the great potential thatlies at the nexus between biodiversity and human rights law, to design a framework that issufficiently detailed and (quasi-)justiciable, to address injustices and power imbalances ineconomic and regulatory spaces and further the uptake of agroecological practices. Throughthe reframing of underlying problems and questions in substantive human rights terms, and byexposing current gaps in the implementation of procedural rights, this thesis, lastly, uses thecase studies to propose specific and detailed reforms, and to draw more general conclusions onthe potential of a combined biodiversity- and human rights framework to foster agroecology.
- Advisor / supervisor
- Morgera, Elisa
- Resource Type
- Note
- Previously held under moratorium from 1st November 2022 until 12th June 2023.
- DOI
Beziehungen
Objekte
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PDF of thesis T16419 | 2023-02-21 | Öffentlich | Herunterladen |