This legislative study describes the new approach of the international plant quarantine system following the implementation of the Agreement on the Application of Sanitary and Phytosanitary Measures. It demonstrates the renewed importance of the International Plant Protection Convention, which has now become the established instrument for drafting plant health standards recognised by the World Trade Organization (WTO). Some specific cases are cited, mainly the United States (US), the European Union (EU), and some African and Asian countries.
International and national legal frameworks governing the trade and use of pesticides have undergone significant changes over the last twenty years. The International Code of Conduct on the Distribution and Use of Pesticides, the Rotterdam Convention, the Stockholm Convention, the Basel Convention and the Montreal Protocol are only some of the binding and non-binding international instruments applicable to part or all of the life cycle of a pesticide. Specific guidelines for implementation are often available from the secretariat of the applicable international instrument, but comprehensive guidance is generally lacking. Governments need a clear picture of their international obligations as well as guidance on the accepted international consensus on the proper management of pesticides. Upgraded national legislation is needed to align national frameworks with international norms. This text aims to provide governments wishing to design, reform or update their national legislation with up-to-date advice on all aspects of pesticide management. Although the recommendations for national legislative change are designed to be useful to all countries, the text highlights the particular problems faced by developing countries and countries in transition, offering practical solutions to common problems. Also published in Spanish.
Biosecurity aims to facilitate the implementation of international obligations related to international trade and the protection of human, animal and plant life and health as well as the environment. It looks at the coordination of sectoral regulatory authorities in order to manage biological risks for food and agriculture in an efficient and holistic manner. Upgraded legislation is needed to align national laws to international standards and to enhance institutional coordination. Countries require comprehensive and consistent national legal frameworks for Biosecurity in order to implement effective controls, increase cost effectiveness and improve consistency across sectors. Reviewing and assessing what legislation is in place is the first step toward implementing a Biosecurity approach. It is not an easy exercise as the normative and functional components of Biosecurity are often found in a plethora of laws and regulations. Based on the six pilot country studies, this text develops an analytical methodology to review and assess national legal frameworks for Biosecurity.
Recent years have witnessed a significant acceleration in the revision of forest laws around the world. Forest law increasingly recognizes the multiple interests involved in or affected by forest management, with greater attention given to the environmental and social roles of forest resources and to their sustainable management and use. In addition, renewed emphasis is being placed on the involvement of a wider range of public and private actors. Issues in which forest laws have been reoriented include local forest and private management, the environmental functions of forests, forest management planning and forest utilization contracts.
Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.
In recent years, there has been increasing recognition of the need for sound regulatory frameworks for bioenergy. Faced with high petroleum and natural gas prices, and increasingly aware of climate change and environmental concerns, many countries are implementing national policies and legislation to encourage bioenergy production and use. These developments stem from the desire to achieve energy security and self-sufficiency, the need to reduce reliance on foreign fossil fuel reserves and the hope of providing increased trade opportunities for some agricultural commodities. Land use, and the competing needs of energy and food security are key issues in the bioenergy debate. International and national regulatory frameworks will have to establish clear guidelines for the sustainable development of the bioenergy industry. This paper aims to stimulate discussion on the elements of appropriate national legal frameworks for bioenergy, particularly in developing countries. It provides legislators and policy-makers with a tool to assist in identifying areas of law which may affect bioenergy regulation, and in designing key elements of national bioenergy laws.