This edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law.After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention.
This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.
Rezensionen / Stimmen
'Childhood obesity is a hugely serious human rights problem. The contributions to this volume engage in a thoughtful and thought-provoking way with the topic. In doing so, they focus on the potential - and limitations - of law as part of a multisectoral, multi-level human rights-based response to childhood obesity as a human, health social, economic, ecological, development and legal challenge. The contributions address key sub-disciplines of law, particularly international economic law to international human rights law, in order to demonstrate their respective relevance with regard to efforts to address childhood obesity.' -- Aoife Nolan, University of Nottingham, UK 'To my fellow economists, this book will provide a stimulating approach to childhood obesity policies. The key underlying idea - a brilliant one - is to reconsider these policies in the light of the legal corpus governing children's protection and their right to health. The book then mixes conceptual analyses and case studies to propose a precise and pragmatic vision of the legal issues raised by the regulation of food markets, in particular the compatibility of national policies with international trade rules. A must-read for anyone interested in why and how the latest economic analyses play a crucial role in contemporary debates on the legitimacy and legal feasibility of public health policies!' -- Fabrice Etile, Paris School of Economics and INRAE, France 'This book is a unique and new contribution to the now extensive policy-related work on ending childhood obesity. The authors take a human rights approach to this very pressing and important problem arguing persuasively that the law can and should be mobilised against it. The major targets for such intervention are food and other multinational corporations, whose practices come under close scrutiny. This volume is an essential read and resource for policy makers involved in health matters and for all who are involved in childhood obesity intervention.' -- Stanley Ulijaszek, University of Oxford, UK 'Ending Childhood Obesity is an authoritative source that advances the case for a greater role of law in tackling the root causes of obesity as a public health emergency within the current global food environment. It is a must read for all those who are engaged - be they public health professionals, policymakers or health advocates - in combating NCDs both locally and globally.' -- Alberto Alemanno, HEC Paris, France
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-78811-401-1 (9781788114011)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Amandine Garde, Professor of Law, University of Liverpool, UK, Joshua Curtis, Adelaide Law School, The University of Adelaide, Australia and Olivier De Schutter, Professor of Law, Centre for Philosophy of the Law, Catholic University of Louvain, Belgium
Contents:
1 Ending childhood obesity: Introducing the issues and the
legal challenge 1
Amandine Garde, Joshua Curtis and Olivier De Schutter
PART I HUMAN RIGHTS APPROACH TO
CHILDHOOD OBESITY PREVENTION
2 International human rights and childhood obesity prevention 30
Sarah A Roache and Oscar A Cabrera
3 The child's right to health as a tool to end childhood obesity 57
Katharina O Cathaoir and Mette Hartlev
4 Human rights, childhood obesity and health inequalities 86
Marine Friant-Perrot and Nikhil Gokani
PART II UTILISING THE SPACE AVAILABLE
FOR REGULATORY MEASURES UNDER
INTERNATONAL ECONOMIC LAW
5 Sugar as commodity or health risk: The unmaking or
remaking of international trade law? 112
Gregory Messenger
6 Using food labelling laws to combat childhood obesity:
Lessons from the EU, the WTO and Codex 138
Caoimhin MacMaolain
7 Investment protection agreements, regulatory chill, and
national measures on childhood obesity prevention 161
Mavluda Sattorova
8 International trade and childhood obesity: A Caribbean
perspective 185
Nicole Foster
PART III ADDITIONAL TOOLS AVAILABLE UNDER
HUMAN RIGHTS LAW
9 Can the United Nations system be mobilized to promote
human rights-based approaches in preventing and ending
childhood obesity? 219
Wenche Barth Eide and Asbjorn Eide
10 Combatting obesogenic commercial practices through the
implementation of the best interests of the child principle 251
Amandine Garde and Seamus Byrne
11 Multinational food corporations and the right to health:
Achieving accountability through mandatory human rights
due diligence? 282
Oliver Bartlett
12 Bridging governance gaps with extraterritorial human
rights obligations: Accessing home State courts to end
childhood obesity 309
Joshua Curtis
13 Overcoming the legal challenge to end childhood obesity:
Pathways towards positive harmonization in law and governance 339
Joshua Curtis and Amandine Garde
Index 370