From Food Security v. Food Safety to Sustainable Food Systems in International Trade Law and Governance

Food insecurity has taken centre stage due to a growing global population, changing weather patterns, regional conflicts and a rising tide of domestic policies. Yet, the relationship between food safety and food security remains underexplored. Operationalising the concept of sustainable food systems (SFS) politically and legally offers a way forward. SFS has been discussed within the United Nations and the Group of 20 (G20). The G20 motto under the recently concluded Indian presidency ‘One Land, One Family, One Future’, and the focus on ‘Building a Just World and a Sustainable Planet’ under the current Brazilian presidency highlight the importance given to sustainable development in this forum. Agriculture and food security appeared on the G20 agenda for the first time at the 2009 Pittsburgh Summit and has been addressed at subsequent summits. Under the 2022 Indonesian Presidency, ministers agreed to prioritize the development of resilient and sustainable agri-food systems and supply chains. The global food crisis was a key issue at the 12th Ministerial Conference of the WTO (MC12), especially in the Sanitary and Phytosanitary Declaration for the Twelfth WTO Ministerial Conference: Responding to Modern SPS Challenges (SPS Declaration). The MC12 SPS Declaration committed WTO Members to “explore how the implementation and application of the SPS Agreement can support” certain identified themes, specifically the facilitation of “global food security and more sustainable food systems” (World Trade Organization, 2022). SFS is an area that has not been addressed in WTO law. In addition to the relative novelty of the concept in the WTO, WTO law might present one of the biggest obstacles to genuine SFS implementation. This policy brief fills this important lacuna and informs the discussion on SFS within the WTO and the G20, addressing two issues. An analysis of how SFS can be aligned with international trade rules, by addressing the tension between food safety and food security, along with potential pathways for the Brazilian G20 presidency to combine and streamline the efforts at achieving SFS while maintaining a high level of food safety. An assessment of the implications of the development towards SFS for agro-food exporting and importing countries, especially developing countries. The policy brief recommends balancing the need to increase the availability of sustainably harvested and produced food ensuring food security as well as the need to empower developing countries through development and financial assistance, including knowledge sharing.