The legal framework of international food aid between food security and trade concerns

Il quadro giuridico degli aiuti alimentari internazionali tra sicurezza alimentare e preoccupazioni commerciali

Abstract

This article delves into the intricate relationship between food security, food aid, and food trade, with a specific emphasis on the developments in food aid under the purview of the World Trade Organization (WTO) law. Its primary objective is to investigate the possible role of the WTO in addressing humanitarian concerns. To accomplish this, the article begins with Section 1, which provides a comprehensive overview of the international legal framework governing food aid, tracing its evolution from the 1950s. Subsequently, Section 2 critically examines how WTO law addresses food aid and raises some questions about the role of food security within this legal regime. Section 3 explores the impact of the Nairobi Ministerial Decision, shedding light on the influence of humanitarian concerns, particularly those related to food security, on WTO regulations pertaining to food aid. The article concludes by acknowledging the disconnection between food aid and agricultural trade, which often neglects the fundamental importance of food security. It proposes that the WTO has the potential to serve as a platform for integrating the objective of food security with commercial interests, thereby facilitating the harmonization of trade considerations with humanitarian imperatives relating to food security.