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Since the establishment of the WTO, there have been significant changes in the legal and institutional landscape of many developing countries. Whatever the motivation for trade-related legal reform, our experience in the FAO Legal Office has been that besides the substantial costs involved, there are many challenges to successful and meaningful legal and institutional reforms. Legal drafters must therefore be well aware of the existing legal and administrative culture. They must also have a realistic appreciation of the resource constraints in the country, for inadequate resources certainly restrict the ability of implementing bodies to put new rules into practice. This study is about the nature and extent of these trade-related legal and institutional reforms with a particular focus on those of direct relevance to the agricultural sector. In addition to the sectoral focus on agriculture, the study places distinct emphasis on the challenges of developing countries in the implementation of trade-related international obligations in the agricultural sector. It derives from FAO's experience in advising countries on the implementation of agriculture-related WTO agreements, key elements of which are discussed and illustrated by three representative case studies.
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.