The law governing the international Agricultural Commodity Trade and the new International Economic order : with special reference to Cocoa, Coffee and Sugar

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Date
2011-12-09
Authors
Simapungula, Wakefield Chivwindi Muzyabi
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Abstract
This dissertation is an attempt to reflect the growing and substantial attention which the last two decades or so has given to international agricultural commodity trade Much of the relevant law on this subject is embodied in treaties, both bilateral and multilateral, agreements, national legislations and international conventions. Efforts to regulate unstable international commodities markets have highlighted the conflicting interests of developed and developing nations. The study analyses both the legal and policy issues and makes recommendations for future action. The emphasis is on the need for solid legal principles in this field and on cooperation between developed and developing nations. Not all the existing international commodity agreements are discussed. Instead the study only covers the cocoa, coffee and sugar agreements as illustrations of the agricultural commodity agreements now in operation. The agreements seek cooperation in assuring access to commodity supplies by recipient nations, while guaranteeing suitable prices at a sufficient level to support the economic development of the suppliers. The study also discusses the evolution of developing countries' demands for change in international commodity markets under the new international economic order and the reaction of developed countries to these demands. Chapter I deals with the general issues relating to commodity trade and gives a historical perspective to commodity trade through the United Nations and the General Agreement on Tariffs and Trade. Chapter II gives the legal framework under which demands for change are being persued. In a way this Chapter carries forward the discussion in Chapter I as reflected in the discussions of the United Nations Conference on Trade and Development for a new international economic order. Chapters III and IV deal with analyses of particular commodity agreements viz. cocoa, coffee and sugar. Chapter III introduces the various commodity control mechanisms now in use. In Chapter V we reflect on the failure of these individual commodity agreements to stabilize commodity prices. The proposals under the New International Economic Order are discussed including the Integrated Programme of Commodities and the Common Fund established to supplement individual commodity agreements. In Chapter VI the conclusion that more remains to be done in setting up new legal institutions to deal with commodity problems is offered. It is hoped that this study will stimulate further interest in exploring the legal mechanisms that may be established to improve the commodity markets to the advantage of all parties concerned. In particular an international commodity council is suggested to implement the integrated programme of commodities.
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Food industry and trade. , Produce trade -- Law and legislation. , Cocoa trade -- Law and legislation. , Coffee -- Law and legislation. , Sugar laws and legislation.
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