DTA

Perfezionamento

POLACKOVA, LUCIA

etd-07202018-164045

Exploring the nexus between the right to food and food wastage

IUS/03

SCIENZE POLITICHE - Politics, Human Rights and Sustainability

relatore Dott.ssa ALABRESE, MARIAGRAZIA
Presidente Prof.ssa HENRY, BARBARA

• food wastage
• legal definition
• right to food
• right to food pillars
• State obligations

04/12/2018;

completa

Curbing food wastage is one of the biggest challenges that the world faces today, considering the imperative to feed the growing global population and the scarcity and overexploitation of natural resources used for food production. For this reason, the purpose of this PhD dissertation is to explore the nexus between food wastage and the right to food, which represents an under-researched area in legal scholarly writings. The interplay between these two issues will be examined at five levels. Firstly, the definitional framework of food wastage will be analyzed in depth with a view to outlining a definition of this phenomenon applicable in the context of the right to food. Having determined what exactly food wastage means, the second step will be to investigate whether and how this issue is linked to the right to food in the commitments undertook by States in legally binding instruments at international and regional levels as well as in soft law instruments adopted at world summits addressing food security and within international organizations. Thirdly, the examination of the nexus between food wastage and the right to food will proceed by a combined legal and philosophical analysis of whether food wastage violates the right to food by undermining its three pillars, namely food availability, food accessibility and food adequacy. Subsequently, the obligation to tackle food wastage will be derived from the obligation to take steps with a view to the progressive realization of the right to food and the core obligation to alleviate and mitigate hunger. Finally, the investigation of the nexus between food wastage and the right to food will conclude with the scrutiny of how the obligations to respect, protect and fulfil the right to food can be shaped in relation to food wastage reduction, illustrated by three case studies concerning the EU marketing standards for fresh fruit and vegetables, the French Law 138/2016 and the Italian Law 166/2016 on the fight against food wastage.

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