Three trends converged in the 1990s. First,
consumers in the developed world became strikingly aware of
the vulnerability of their food supplies and the international
dimensions of food safety hazards. Second, the development
of international economic law (especially concerning trade)
accelerated. And finally, researchers became aware of a 'livestock
revolution' that might help reduce poverty in the developing
world. The realization of this potential, however, may be
somewhat dependent on the first two. Many developing country
advocates worry that international food safety rules have
the potential to present new barriers to developing country
food exports. There is especially concern that the system
creating international food safety rules is biased against
poor developing country producers. An important question,
then, is what can be done to ensure that international rule-making
processes consider poor developing country livestock producer
interests?
It is clear that today the interests of poor developing country
producers of livestock food products are not directly represented
in international food safety rule-making. Indirectly, their
interests may be represented by their own governments but
developing country participation in relevant rule-making activity
is limited. Additionally, developing country government interests
will not necessarily be the same as those of their own poor
producers.
Identification of strategic entry points for those wishing
to make international rule-making friendlier to poor livestock
producers involves understanding: (1) the international institutions
and organizations that are the rule-making system; and (2)
the activities and interests of states and other key actors.
The International Rule-Making System
In the past, the Codex Alimentarius Commission was the agency
responsible for the development of public international food
safety rules, although the World Organization for Animal Health
(OIE) created some rules relevant to livestock food product
safety. These rules took the form of voluntary standards--guidelines
for state practice and recommendations for protecting human
health.
Since 1995 the World Trade Organization (WTO) has linked
the international rules created through these international
organizations to its own rules regarding trade as defined
by the Agreement on the Application of Sanitary and Phytosanitary
(SPS) Measures. Especially important are provisions for a
SPS Committee and links to the WTO's enforcement mechanism
(the Dispute Settlement Mechanism). This enforcement mechanism
makes OIE and Codex rules suddenly appear less voluntary and
more important.
While the WTO, Codex, and OIE are central to international
food safety rule-making, other organizations play important
supplementary roles, including: the International Organisation
for Standardisation, the United Nations Economic Commission
for Europe, the Food and Agriculture Organization and the
World Health Organization.
The above describes the public international rule-making
environment, but increasingly private rules are important.
Private organizations such as EurepGap are increasingly setting
the standards that private buyers require their suppliers
to meet. Those standards are often different from the public
standards and represent an additional hurdle a potential exporter
must overcome.
Actors and Interests
International food safety rules affect the interests of a
wide and diverse range of international actors. States, however,
are the primary rule-makers.
Developed countries have a number of advantages over developing
countries in international rule-making. Two obvious advantages
are the greater resources they can draw on when negotiating
new rules and the fact that developed countries played the
key roles in creating the current international rule-making
system. However, just as important may be the fact that developed
countries are 'repeat players' in the international legal
system, due to the greater number of issues that involve them.
This allows them to accumulate expertise, form connections
with other key players, and focus on long-term strategies.
In contrast, developing countries tend to have few interactions
with the international legal system; they are usually 'one-shotters'.
This often translates into less experience and strategies
that focus on short-term gains.
Non-state actors are also important. They typically impact
rule-making through direct lobbying of governments and international
organizations, and through seeking to influence the scientific
community's understanding of the issues. The agri-food industry
is a key player in international food safety rule-making.
Indeed, much of the science guiding international standard-setting
comes from industry scientists. Consumers groups, especially
Consumer's International, are the most important public interest
groups.
Conclusions and Recommendations
Influencing the development of rules requires an understanding
of the international organizational environment and the capacities
and interests of relevant actors. Specifically, it is important
to consider (a) the unique rule-making dynamics of each organization;
(b) the degree to which these organizations are embedded in
other international organizations (Codex is embedded in the
UN system, for instance); (c) the dynamics that formal and
informal linkages between these organizations create; (d)
the relevant differences in capacities of states for participation
in these organizations; (e) the different situations of repeat
players and one-shotters; (f) how coordination among one-shotters
can provide some of the advantages of repeat players (for
instance, through regional organizations); and (g) the relatively
high level of engagement by industries and consumer groups
compared to those with pro-poor concerns in lobbying for rules
and shaping scientific discourse. These factors are important
determinants of the constraints and opportunities the current
international rule-making system has for poor livestock producers
and their advocates.
Recommendations for making international rule-making friendlier
to poor producers consider two perspectives. From the perspective
of poor producers and their advocates the primary routes to
influencing international rule-making include: influencing
their own country's position in international organizations;
lobbying those training country delegates to international
organizations to include a focus on the relationship between
food safety rules, poverty reduction, and the needs of poor
livestock producers; establishing transnational alliances
with other poor producers and/or NGOs; and contributing to
the scientific understanding of food safety concerns in their
unique contexts.
Developing country governments, on the other hand, have more
options for representing their own interests in international
rule-making. While their participation in international organizations
is historically less than that of developed countries there
are signs of improvement in recent years. Important activities
they can engage in include: greater coordination at the national
level among ministries and individuals responsible for developing
policy positions in all international food safety organizations;
improving the quality and quantity of delegations to international
organizations; forming alliances with other similarly-situated
countries on issues of particular concern; and lobbying for
technical assistance to comply with international standards
and with a goal of complying with private international standards
as well. They can also do much more to actively include poor
producer interests in their policy-making.
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