Frontiers of law in china



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2 “United Nations Millennium Development Goals”, online: .

3 Food and Agriculture Organisation of the United Nations, International Fund for Agricultural Development & World Food Programme, The State of Food Insecurity in the World - Meeting the 2015 International Hunger Targets: Taking Stock of Uneven Progress (2015).

4 Estimate of Prevalence of Undernourishment in 1990-92 was 18.6% compared to 10.9% in 2014-16

5 Food and Agriculture Organisation of the United Nations, International Fund for Agricultural Development & World Food Programme, supra note 3.

6 Id.

7 Id.

8 Id.

9 Wayne Martindale, “The Basis for Food Securityin Global Food Security and Supply (John Wiley & Sons, Ltd) 1, at 10 (2014).

10 Food and Agriculture Organisation of the United Nations, International Fund for Agricultural Development & World Food Programme, supra note 3.

11 David Lobell & Marshall Burke, Climate change and food security adapting agriculture to a warmer world (Dordrecht; New York: Springer, 2010); R Lal, Climate change and global food security (Boca Raton, FL: Taylor & Francis, 2005); Hugh Turral et al, Climate change, water and food security (Rome: Food and Agriculture Organization of the United Nations, 2011).

12 Hans Page, Global Governance and Food Security as Global Public Good (New York University, Centre of International Cooperation), at 6–7 (2013).

13 Id at 12.

14 Wusheng Yu, Christian Elleby & Henrik Zobbe, “Food security policies in India and China: implications for national and global food security” (2015) 7:2 Food Sec Food Security : The Science, Sociology and Economics of Food Production and Access to Food 405, at 406.

15 Which combined make up 37 per cent of the world’s total population.

16 Global Water Partnership, Water and Food Security - Experiences in India and China, at 15 (2013).

17 FAO, Poverty Alleviation and Food Security in Asia: Lessons and Challenges.

18 Shenggen Fan, Ravi Kanbur & Xiaobo Zhang, “China’s regional disparities: Experience and policy”, 1:1 Review of Development Finance 47, at 48 (2011).

19 B Barone, P Bin & C Brasili, Regional Disparity of Vulnerability to Food Insecurity in China (Alghero, Italy), at 22 (2014).

20 Nie Fengying, Bi Jieying & Zhang Xuebiao, “Study on China’s Food Security Status”, 1 Agriculture and Agricultural Science Procedia 301, at 309 (2010).

21 UN World Food Program & Institute for Human Development, Food Security Atlas of Rural India: An Overview, at 42 (2011).

22 S Mahendra Dev & Alakh N Sharma, Food Security in India: Performance, Challenges and Policies, Oxfam India Working Paper Series (India: Oxfam India, 2010) at 20 citing figures from Government of India Planning Commission (2008) Draft 11th Five Year Plan

23 Vasant P Gandhi & Zhangyue Zhou, “Food demand and the food security challenge with rapid economic growth in the emerging economies of India and China”, 63 FRIN Food Research International 108, at 108 (2014).

24 Id.

25 United Nations Environment Program, The Critical Role of Global Food Consumption Patterns in Achieving Sustainable Food Systems and Food for All, A UNEP Discussion Paper, at 10 (2012).

26 Id.

27 http://www.fao.org/docrep/009/ag087e/ag087e05.htm.

28 Francesco Burchi & Pasquale De Muro, A Human Development and Capability Approach to Food Security - Conceptual Framework and Informational Basis, UNDP Working Paper, at 2 (2012).

29 Prema Ramachandran, “Food and Nutrition Security: Challenges in the New Millenium”, 138 Indian Journal of Med Res 373, at 374 (2013).

30 Page, supra note 12, at 4.

31 Amartya Sen, Poverty and Famines: An Essay on Entitlement and Deprivation (OUP Oxford, 1981), at 1.

32 Burchi & De Muro, supra note 40, at 11.

33 Carmen G Gonzalez, “Global Food Crisis: Law, Policy, and the Elusive Quest for Justice”, 13 Yale Hum Rts & Dev LJ 462, at 463 (2010).

34 Food and Agriculture Organisation of the United Nations, 2009 The State of Agricultural Commodity Markets: High Prices and the Food Crisis - Experiences and Lessons Learnt, at 13 (2009).

35 Gonzalez, supra note 33, at 463.

36 Article 25(1) of the Universal Declaration of Human Rights (UDHR).

37 Article 11(1) is similar to article 25(1) of the UDHR and provides that: “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food…The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.”

38 In addition, both the Convention on the Elimination of all Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities also have provisions on food security.

39 Pritchard, supra note 37.

40 http://www.fao.org/docrep/009/y7937e/y7937e00.htm

41 Nandini Ramanujam, Nicholas Caivano & Semahagn Abebe, “From Justiciability to Justice: Realizing the Human Right to Food” (2015) 11:1 McGill International Journal of Sustainable Development Law and Policy, online: ,at 4.

42 Ramanujam, Caivano & Abebe, supra note 52, at 5.

43 Id.

44 Dreze and Sen 1989, 13 as cited in Burchi & De Muro, at 18.

45 Burchi & De Muro, supra note 40, at 20.

46 Pritchard, supra note 37.

47 Id.

48 Id.

49 See Ramanujam, Caivano & Abebe, supra note 52.

50 Id at 37.

51 Id at 5.

52 Food and Agriculture Organisation of the United Nations, International Fund for Agricultural Development & World Food Programme, supra note 3. See also: Francesco Burchi & Pasquale De Muro, A Human Development and Capability Approach to Food Security - Conceptual Framework and Informational Basis, UNDP Working Paper (2012), which has proposed three specific points of analysis for a capability approach to food security that includes food entitlements; basic nutritional capabilities; and the capability to be food secure. Food entitlements can be measured by endowments, such as assets, savings and non-tangible resources; exchange conditions, based on wages and the prices of food items; and production possibilities, including skills and technology. Basic nutritional capabilities include factors such as age, education, health and the ability to take part in household decision making and community life. The capability to be food secure incudes the individual’s utilisation of food and cultural and social norms.

53 Pritchard, supra note 37.

54 Yu, Elleby & Zobbe, supra note 14, at 405.

55 Id.

56 Id.

57 Id at 408.

58 Id.

59 Dev & Sharma, supra note 22 at 7.

60 Id at 8–9.

61 Ramachandran, supra note 41 at 374.

62 Id at 373.

63 David Norse, Yuelai Lu & Jikun Huong, “China’s Food Security: Is it a National, Regional or Global Issue”, China and the EU in Context (United Kingdom: Palgrave Macmillan) 251, at 273 (2014).

64 Gandhi & Zhou, supra note 23, at 117–8.

65 Yu, Elleby & Zobbe, supra note 14, at 409.

66 Id at 412.

67 Id at 409.

68 Id.

69 Yu, Elleby & Zobbe, supra note 14, at 406.

70 Dev & Sharma, supra note 22, at 2.

71 Bishwajit Ghose, “Food security and food self-sufficiency in China: from past to 2050”, 3:2 Food Energy Secur 86, at 88 (2014).

72 Kym Anderson & Anna Strutt, Food Security Policy Options for China: Lessons from Other Countries, Working Papers in Trade and Development Working Paper No. 2014/11 (Australian National University), at 6.

73 Ghose, supra note 30, at 87.

74 United Nations Environment Program, supra note 25, at 12.

75 Bill Pritchard, Feeding India livelihoods, entitlements and capabilities (Abingdon: Earthscan, 2013).

76 United Nations Environment Program, supra note 25, at 12.

77 Pritchard, supra note 37.

78 Id at 405.

79 Asim K Karmakar & Debasis Mukhopadhyay, “Towards a Prudent Policy for Food Security in India” ,11 US-China L Rev 221, at 243 (2014).

80 Ramanujam, Caivano & Abebe, supra note 52, at 22.

81 Madhura Swaminathan, Programmes to Protect the Hungry: Lessons from India, UN Department of Economic and Social Affairs Working Paper DESA Working Paper No.70, at 4–9.

82 Id at 10–11.

83 Jean Ziegler, The Fight for the Right to Food: Lessons Learned (Houndsmills, Basingstoke, Hampshire; New York, NY: Palgrave Macmillan), at 268 (2011).

84 Yu, Elleby & Zobbe, supra note 14, at 412.

85 Ziegler, supra note 84, at 268.

86 The Indian Supreme Court had explicitly stated on several occasions that the right to life should be interpreted as the right to life with human dignity, which includes the right to food and other basic necessities. For example, in Francis Coralie v Administrator, Union Territory of Delhi and Ors (1981) 1 SCC 608, the Supreme Court stated that “the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition…” In Shantistar Builders v Narayan Khimala Totame (1990) 1 SCC 520, the Supreme Court stated that “The right to life is guaranteed in any civilized society. That would take within its sweet the right to food…” In 1995, the Supreme Court in Chameli Singh v State of UP stated that the right to life (which is justiciable) “implies the right to food, water, decent environment, education, medical care and shelter”.

87 Lauren Birchfield & Jessica Corsi, “Between Starvation and Globalization: Realizing the Right to Food in India” , 31 Mich J Int’l L 691, at 699 (2009).

88 Id at 699–700.

89 Jean Ziegler, et atl, The Fight for the Right to Food, at 265 (2011).

90 Yu, Elleby & Zobbe, supra note 14, at 409.

91 Nithin Umapathi, Jennifer Golan & Terry Sicular, Unconditional cash transfers in China : an analysis of the rural minimum living standard guarantee program, WPS7374 (The World Bank), at 2 (2015).

92 Human Rights in China, The Right to Food in China: What (and Who) is at Stake? China Human Rights Forum, 2005, http://www.hrichina.org/sites/default/files/PDFs/CRF.3.2005/CRF-2005-3_WESJ_food.pdf

93 Article 45 provides that Article 45: “Citizens of the PRC have the right to material assistance from the state and society when they are old, ill or disabled. The state develops the social insurance, social relief, medical and health services that are required to enjoy this right. The state and society ensures the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements of work, livelihood and education of the blind, deaf-mute and handicapped citizens.”

94 Shandana Khan Mohmand, Analysing Nutrition Governance: India Country Report, at 5 (2012).

95 Ramachandran, supra note 41 at 373.

96 Mohmand, supra note 95 at 5.

97 Ramachandran, supra note 41 at 373.

98 Mohmand, supra note 95 at 2.

99 Swaminathan, supra note 82 at 16.

100 Id.

101 Mohmand, supra note 95 at 6.

102 http://hdr.undp.org/en/countries/profiles/IND

103 Wei F, Pillai V & Maleku A, “Sanitation in India: Role of Women’s Education” 8:1 Health Sci J Health Science Journal 90, at 94 (2014).

104 World Health Organization & UNICEF, Progress on Drinking Water and Sanitation 2014 Update, at 21–2 (2014).

105 Id at 14–9.

106 Mohmand, supra note 95 at 1.

107 Clarissa Brocklehurst, “Scaling up Rural Sanitation in India” 11:8 PLoS Med PLoS Medicine e1001710 at 2 (2014); Gardiner Harris, “Poor Sanitation in India May Afflict Well-Fed Children With Malnutrition”, The New York Times (13 July 2014), online: .

108 D’Arcy, 16.

109 Fengying Zhai et al, “What is China doing in policy-making to push back the negative aspects of the nutrition transition?” 5:1A Public Health Nutr 269, at 271 (2002).

110 http://hdr.undp.org/en/countries/profiles/CHN

111 Jikun Huang & Scott Rozelle, Agricultural Development and Nutrition: the Policies behind China’s Success, World Food Program Occasional Paper #19 at 20.

112 Id.

113 F B Hu, Y Liu & W C Willett, “Preventing chronic diseases by promoting healthy diet and lifestyle: public policy implications for China” 12:7 OBR Obesity Reviews 552, at 555 (2011).

114 Xin Wang et al, “The effects of China’s New Cooperative Medical Scheme on accessibility and affordability of healthcare services: an empirical research in Liaoning Province” (2014) 14 BMC Health Serv Res, online: at 2.

115 Wang et al, supra note 115.

116 Yu, Elleby & Zobbe, supra note 14 at 406.

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