Yukio Sakurai
yukio1887@gmail.com
Introduction
The purpose of this essay is to consider measures to mitigate poverty and inequality in the world, with a focus on the food crisis. Poverty and inequality are extremely difficult issues that underlie some of the problems in the world. In this essay, we explore possible ways of improving current poverty and inequality situations from the perspectives of international human rights law and relevant soft law. The methodology is a literature survey of interdisciplinary studies in Japanese and English. To simplify the discussion, the problems of climate change, the Russia–Ukraine war, and COVID-19, which clearly have an effect on global poverty and inequality issues, are not dealt with in this essay.
Poverty, Inequality, and International Cooperation
Poverty as a socio-economic phenomenon is understood to arise as a result of unequal distribution of materials, intangible benefits and income in the process of economic development (Mustafakulov et al. 2022: 1501). Poverty is primarily an internal problem of the sovereign state concerned. The government of the state concerned can alleviate poverty by providing relief to its impoverished people through livelihood protection and assistance systems. The livelihood of citizens can be improved by policies that ensure income redistribution and employment support. The premise of these policies is that the foundations of a modern state based on the constitution, such as the rule of law, separation of powers, democracy, and equality, have been put in place.
A country with a poor population often has at least one of the following characteristics: (1) although it is a sovereign state, its domestic policy planning and execution capabilities are significantly inferior; (2) it used to function as a state, but due to conflicts between tribes and/or natural disasters, the state no longer functions appropriately; (3) the country is ruled by a dictator, people’s freedom is taken away, and corruption is rampant in society; and (4) its appearance and functions as a state are inadequate, and the government is not effectively in control, i.e. it is a fragile state (Okagaki 2007).
International cooperation to alleviate poverty in a specific country can be considered humanitarian assistance. Poverty as an international problem is different from poverty as a domestic one. When the country concerned formally requests international cooperation from other countries or international organizations, it is recognized as an international issue. The decision to respond to a country’s request for cooperation depends on the seriousness of the poverty problem in the country and the cooperation capacity and willingness of the donor countries and international organizations.
The United Nations (UN) and the Food and Agriculture Organization (FAO) have developed universal value-based policy programs to deliver assistance to impoverished countries and address global food crises, poverty, and inequality. As far as the published materials on this issue are concerned, the efforts of the UN and the FAO are fundamentally right. Nevertheless, it cannot be said that food hunger and inequality in the world have visibly improved.
In practice, even if a country ravaged by poverty enjoys the international cooperation of donor countries and international organizations, the effect is temporary and limited, and the social and economic problems that are the root causes of poverty and inequality remain unchanged. This is because international cooperation between governments and international organizations does not lead to the establishment of comprehensive political and economic frameworks that are needed for a country’s development (Acemoglu and Robinson 2013). It is extremely difficult to improve these fundamental factors.
Human Rights Approach
Modern states operate under tripartite systems of power, interests, and value (Kohara 2022: 40). Among the three systems of power, interests, and value of modern states, the rule of law and basic human rights are considered universal values. International activities based on the legal rights of human rights are called a human rights-based approach. The usefulness of the human rights-based approach lies in respect for basic human rights as legal rights and the adoption of this rightfulness as a legal basis so that it has “strengths” as a legal right that no one can deny. On the other hand, it also has institutional “weaknesses” due to the ambiguity of the scope of human rights and the difficulty in the implementation of legal rights in the international community. Therefore, while utilizing the “strength” of the human rights-based approach, it is necessary to devise ways to minimize the ambiguity of the human rights concept as much as possible and the “weakness” of ensuring its implementation.
Regarding human rights, an important point in the pursuit of legal rights is whether treaties on human rights are applicable to countries that suffer from poverty and inequality. This issue is referred to as “the extraterritorial application of human rights” in international law and has been the subject of controversy among international law scholars (Coomans and Kamminga 2004; Milanovic 2011). Theories regarding the scope and limits of the extraterritorial application of human rights under international law and the means to ensure their implementation have not been established. For this reason, there is a certain limit to intervening in a country suffering from poverty and inequality and supporting and protecting its people based on the human rights approach.
In addition, non-state actors such as business enterprises are not granted rights and obligations, nor are they regarded as entities under international law (Yuyama 2019: 419). Therefore, soft law is attracting attention as an alternative measure to international law as hard law. In this essay, we define soft law as “non-binding agreements and decisions as norm-setting methods” (Saito 2005). Soft law lacks the legal power of enforcement to ensure its validity, but it appeals to alternative social authority and social justice shared by the relevant parties. It has an impact on the ethical and moral responsibility, reason, and conscience of the relevant parties and voluntarily ensures compliance.
Let us see an example of soft law actually functioning in the international community. In 2005, the UN Commission on Human Rights (now known as the UN Human Rights Council) appointed John Gerald Ruggie, then Professor of International Politics at Harvard University, as the UN Secretary-General’s Special Representative on Business and Human Rights. The Guiding Principles on Business and Human Rights adopted by the UN Human Rights Council in June 2011 (the Commission on Human Rights was renamed in 2006) require member states to voluntarily create their own national action plans, which would be reviewed by the Human Rights Council before implementation as remedial measures. This mechanism guarantees the activation of these general principles, which have been adopted in international benchmarks and corporate codes of conduct and have become the de facto international norms.
Behind these principles was the insight of political researcher Ruggie, who understood that multinational enterprises, states, human rights NGOs, and human rights activists could work together in a consensus-building process as follows (Ruggie, 2017): (1) there is room for multinational enterprises that have violated human rights in developing countries to voluntarily accept the rules and views of host governments and NGOs using their own initiative, rather than through legal enforcement; (2) the State fulfils its duty to supervise multinational enterprises; (3) opinions of human rights NGOs and human rights activists may be publicly accepted.
Response to Food Crisis
The World Bank “Food Security” report (December 19, 2022) states that in the current international situation, speculative movements are causing prices to rise through food markets (World Bank 2022: 1). In the current international food market, speculation tends to increase food prices in the short term, increasing the risk that low-income countries with weak purchasing power will find it difficult to purchase food. Agribusiness multinational enterprises have formed an oligopoly and vertical integration, which is a difficult market principle to operate on. Agribusiness refers to industries involved in the production, processing, distribution, and sale of agricultural materials such as seeds, fertilizers, pesticides, agricultural machinery, and livestock. Western multinational enterprises such as Monsanto, Nestle, Cargill, Bunge and Dreyfus are in international agribusiness.
It is difficult to control agribusiness multinational enterprises with the existing Guiding Principles on Business and Human Rights alone to cope with this difficult situation. This is a typical “failure of the market.” As a countermeasure, it is proposed that the UN newly incorporate the “Special Guiding Principles on Food” into the existing “Guiding Principles on Business and Human Rights”. The Special Guiding Principles on Food should, for example, (1) guarantee cultural livelihoods in agricultural-producing countries, (2) respect food markets and trade, (3) control the abuse of biotechnology, including genetic modification, etc., and (4) preserve the environment. In addition, a “food monitoring system” should be introduced to ensure that these Guiding Principles are being duly followed. Besides human rights NGOs and human rights activists, member states and international organizations should participate in the food monitoring system as voluntary observers.
If, as a result of this monitoring activity, an agribusiness multinational enterprise or any agribusiness-affiliated entity suspected of having an adverse impact on the country concerned is identified, the UN Human Rights Council or an organization acting on its behalf, should, with the consent of the enterprise, send an inspection team to the enterprise or other relevant parties to conduct an investigation and report their findings. The contents of this report are disclosed with the consent of the enterprise or other relevant parties.
In consideration of the positions and interests of relevant countries and agribusiness multinational enterprises, it is necessary to adopt a system of complaints from relevant countries and enterprises through administrative hearings or ombudsman conducted by the UN Human Rights Council or other organizations. Even if multinational agribusiness enterprises do not voluntarily restrict their behaviour in response to consumer reactions, their behaviour may affect their stock market prices, rating-agency ratings, international index certifications, and reputation risk. These soft effects may encourage voluntary behavioural regulation of multinational enterprises in the food business.
Conclusion
Focusing on the relationship between poverty, inequality, and food, this essay has examined and made recommendations on the human rights-based approach to the food crisis and the formation and implementation of new “Guiding Principles on Food” using the UN soft law. It is hoped that, in addition to the UN Guiding Principles on Business and Human Rights, the “Special Guiding Principles on Food” will be newly introduced and come into effect as soon as possible. Future related studies may focus on (1) extraterritorial application of international law and adaptation of international law to non-governmental organizations, (2) transposition of the “Guiding Principles on Business and Human Rights” into hard law – international law (UN treaty), and (3) development of international law and how to ensure its legal implementation.
References
Acemoglu, D. and Robinson J. [translated into Japanese by Shinobu Onizawa] (2013) Why Do Nations Decline?: The Origins of Power, Prosperity, and Poverty (Tokyo: Hayakawa Shobo).
Coomans, F. and Kamminga, M. T. (Eds.) (2004) Extraterritorial Application of Human Rights Treaties (Antwerp: Intersentia).
Kohara, M. (2022) International Politics of War and Peace (Tokyo: Chikuma Shobo) [in Japanese]
Milanovic, M. (2011) Extraterritorial Application of Human Rights Treaties: law, principles, and policy (Oxford: Oxford University Press).
Mustafakulov, S. I. et al. (2020) Poverty: Basic Principles of the State as its Reduction. International Journal of Scientific & Engineering Research 11(9): 1501-08.
Okagaki, T. (2007) “Lang” and “Parole” of Sovereign States: International Politics of Fragile States International Politics 147: 48-61. [in Japanese]
Ruggie, G. J. (2017) The Social Construction of the UN Guiding Principles on Business and Human Rights. Corporate Responsibility Initiative Working Paper No. 67, John F. Kennedy School of Government, Harvard University.
Saito, T. (2005) Genealogy of “Soft Law” Theory. Horitsu Jiho 77(7): 1-9. [in Japanese]
Yuyama, T. (2019) Memorandum on the Status of Non-State Actors under International Law (1). Ritsumeikan Law Review 2019: 398-429. [in Japanese]
