The Right to Adequate Food in Emergencies


FAO LEGISLATIVE STUDY 77
Lorenzo Cotula
Margret Vidar

for the
FAO Legal Office

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2002

Table of Contents



The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

ISBN 92-5-104885-1

All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Publishing Management Service, Information Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy or by e-mail to copyright@fao.org

© FAO 2003


Table of Contents


FOREWORD

LIST OF ABBREVIATIONS

INTRODUCTION

I. APPLICABLE LAW AND PRINCIPLES

1.1. Complementarity between different branches of law
1.2. International human rights law

1.2.1. Overview
1.2.2. Ratification gaps and customary law
1.2.3. Limitation and derogation clauses
1.2.4. Documents of human rights institutions

1.3. International humanitarian law
1.4. International criminal law
1.5. International refugee law and guiding principles on internal displacement
1.6. International environmental law
1.7. International economic law
1.8. Other international instruments
1.9. United Nations resolutions
1.10. International conferences
1.11. Codes of conduct adopted by NGOs and humanitarian agencies

II. OBLIGATIONS TO RESPECT, PROTECT AND FULFIL THE RIGHT TO ADEQUATE FOOD IN EMERGENCIES

2.1. The normative content of the right to adequate food
2.2. Obligations for States and non-State entities

2.2.1. Primary responsibility of affected States and role of international cooperation
2.2.2. Progressive realization and immediate obligations
2.2.3. Obligation to respect
2.2.4. Obligation to protect
2.2.5. Obligation to facilitate
2.2.6. Obligation to provide
2.2.7. Non-State entities

2.3. Obligations concerning humanitarian assistance

2.3.1. The principle of State consent
2.3.2. Limits to refusing consent
2.3.3. Obligations after the State has given consent

2.4. Implementing the right to adequate food in emergencies

2.4.1. Domestic courts
2.4.2. International human rights institutions
2.4.3. International humanitarian law
2.4.4. Individual criminal responsibility
2.4.5. Intervention by the Security Council

III. PRINCIPLES AND STANDARDS FOR FOOD AND FOOD-RELATED AID

3.1. Introduction
3.2. Impartiality and non-discrimination

3.2.1. Definitions
3.2.2. Impartiality and non-discrimination under international law
3.2.3. The application of impartiality and non-discrimination to food and food-related aid

3.3. Special protection and assistance for vulnerable groups
3.4. Gender
3.5. Emergency relief and longer-term concerns
3.6. Participation
3.7. Environmental concerns

3.7.1. The environmental impact of humanitarian crises
3.7.2. Environment protection in armed conflicts
3.7.3. Environment concerns and principles for food and food-related aid

3.8. Adequacy standards

CONCLUSION

SELECTED REFERENCES

Back Cover