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Food sovereignty

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Full-Text Articles in Law

Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano Jan 2024

Seeding A Movement: Indigenous Food Sovereignty, Mariaelena Huambachano

University of Miami Law Review

For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty in achieving environmental justice. Specifically, in this Article, I discuss that despite, or perhaps because of, efforts to deny Indigenous peoples’ access to healthy and culturally appropriate foods, Indigenous Food Sovereignty took a rise of preciousness in informing natural regenerative food systems, and ultimately, “holistic/collective well-being.”


Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula Oct 2022

Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …


Water And Life. A Cross-Sectional Study On Determinants Of Beverage Consumption And Water Access In One Tribal Community, Christina White Jan 2019

Water And Life. A Cross-Sectional Study On Determinants Of Beverage Consumption And Water Access In One Tribal Community, Christina White

All Master's Theses

Increasingly, poor diet has been shown to be one of the most crucial factors associated with cause of death, even more critical than smoking. Research in the past two decades has consistently linked increased consumption of sugar-sweetened beverages (SSB) to the obesity epidemic contributing to a public health crisis all over the United States. Native Americans, among other minority groups, suffer obesity disproportionately from the rest of the US population, yet they continually fail to be included in research on the subject. Traditional research methods, sparse care coverage on reservations, consolidation of unique tribes into one classification, and failure to …


Gmos, International Law And Indigenous Peoples, Casandia Bellevue Feb 2018

Gmos, International Law And Indigenous Peoples, Casandia Bellevue

Pace International Law Review

This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.

This Article seeks to answer the following questions: What are the international agreements that can …


Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler Jan 2018

Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler

Faculty Publications

Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …


Atole De Maíz Azul: Building Climate-Change Resilience With Local Knowledge/Food Sovereignty In Northern New Mexico, Katherine C.R. Dixon May 2017

Atole De Maíz Azul: Building Climate-Change Resilience With Local Knowledge/Food Sovereignty In Northern New Mexico, Katherine C.R. Dixon

International Development, Community and Environment (IDCE)

The impacts of climate change in Northern New Mexico will cause a variation in seasonal precipitation and increased drought conditions. Northern New Mexico is home to numerous indigenous and rural-agricultural communities who rely on these water resources for subsistence and cultural practices. They are among the most vulnerable to the impacts of climate change.

This paper investigates the impacts of climate change to Northern New Mexico. It examines the role of participatory methods and local knowledge in building community resilience. This paper is informed primarily through secondary research, and also draws upon a series of personalized interviews from Northern New …


State V. Brown: A Test For Local Food Ordinances, Ryan Almy Apr 2017

State V. Brown: A Test For Local Food Ordinances, Ryan Almy

Maine Law Review

For many of us, adding a little milk to our morning coffee is likely one of the more insignificant tasks of the day. For Dan Brown of Blue Hill, Maine, that splash of dairy in his coffee mug is the result of his personal labor and constant, meticulous attention paid to the health and well-being of a single 1,000 pound mammal. Besides fresh raw milk, what does Brown gain from his efforts? He knows the exact source of the milk he puts in his coffee, as well as the butter his daughter spreads on her toast: Sprocket, Brown’s sole dairy …


Realizing The Right To Food: Progress, Limitations And Emerging Alternative Policy And Legal Models, Nadia Lambek Jun 2015

Realizing The Right To Food: Progress, Limitations And Emerging Alternative Policy And Legal Models, Nadia Lambek

Food Systems Summit 2015

No abstract provided.


Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants And The Role O F Law, Sarah B. Schindler Jan 2015

Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants And The Role O F Law, Sarah B. Schindler

Faculty Publications

Instagram pictures of elegantly plated dinners, long farmstyle tables, and well-to-do people laughing in what looks like a loft apartment are followed by commenters asking, “Where is this?” This is the world of underground dining. Aspiring and established chefs invite strangers into their homes (or their friends’ stores after hours, or the empty warehouse at the edge of town, or the nearest farm) for a night of food and revelry in exchange for cash. Although decidedly antiestablishment, these secret suppers and pop-up restaurants are popular—there are websites to help people locate them, and many respected publications have penned stories about …


Food Justice: An Environmental Justice Critique Of The Global Food System, Carmen G. Gonzalez Dec 2014

Food Justice: An Environmental Justice Critique Of The Global Food System, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental justice is an important framework for understanding the North–South divide in many areas of international law and policy, including energy, climate, hazardous wastes, and food. An environmental justice analysis makes visible the ways in which the global North benefits from unsustainable economic activity while imposing the environmental consequences on the global South and on the planet's most vulnerable human beings, including women, racial and ethnic minorities, indigenous peoples, and the poor. This chapter applies an environmental justice analysis to the global food system, analyzes the underlying causes of the inequities in food production and consumption, and outlines several strategies …


International Economic Law And The Right To Food, Carmen G. Gonzalez Dec 2013

International Economic Law And The Right To Food, Carmen G. Gonzalez

Carmen G. Gonzalez

This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that …


Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne May 2012

Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

PhD Dissertations

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …


The Case For A Global Treaty On Soil Conservation, Sustainable Farming, And The Preservation Of Agrarian Culture, Nicholas A. Fromherz Jan 2012

The Case For A Global Treaty On Soil Conservation, Sustainable Farming, And The Preservation Of Agrarian Culture, Nicholas A. Fromherz

Nicholas A Fromherz

Soil is the foundation of life, yet we have all but ignored it in conservation efforts and legal reforms. Right under our noses, we are losing topsoil at rates that far outpace nature’s ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination—these and other threats have conspired to take away the land that feeds us. But they have done so largely at our own command. Like most environmental crises, human decisions have played a critical role in the degradation of Earth’s soils. To remedy this situation—or at least get the ball moving in that direction—I argue that we need …


The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez Dec 2011

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …


Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty, Peter Halewood Oct 2011

Trade Liberalization And Obstacles To Food Security: Toward A Sustainable Food Sovereignty, Peter Halewood

University of Miami Inter-American Law Review

No abstract provided.


Food Sovereignty Is A Gendered Issue, Margaret Ellinger-Locke Jan 2011

Food Sovereignty Is A Gendered Issue, Margaret Ellinger-Locke

Margaret Ellinger-Locke

“Food sovereignty is about ending violence against women.” This slogan of La Vía Campesina’s, an international movement of peasant farmers, offers a perspective on the power dynamics of the food system from farm to fork. Transforming power imbalances is the work of food sovereignty, or democratic control over the food system, and this article offers a way forward for policy makers, regulators, and eaters everywhere.


Food Sovereignty Is A Gendered Issue, Margaret Ellinger-Locke Jul 2010

Food Sovereignty Is A Gendered Issue, Margaret Ellinger-Locke

Margaret Ellinger-Locke

No abstract provided.