Contract farming, broadly understood as agricultural production and marketing carried out under a previous agreement between producers and their buyers, supports the production of a wide range of agricultural commodities and its use is growing in many countries. Mindful of the importance of enhancing knowledge and awareness of the legal regime applicable to contract farming operations, the International Institute for the Unification of Private Law (UNIDROIT), the Food and Agriculture Organizatio n of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. The Guide is a useful tool and reference point for a broad range of users involved in contract farming practice, policy design, legal research and capacity building. It can contribute as well to create a favourable, equitable and sustainable environment for contract farming.

This document is primarily a synthesis of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. It is a comprehensive document that considers contract farming from the viewpoint of private law and seeks to provide guidance concerning the design and implementation of sound contracts, thereby generally contributing to building a conducive environment for contract farming. The publication does not intend to cover all possible agricultural contracts. Its scope is limited to the bilateral relationship between producer(s) and a contractor through contract farming. This involves parties entering into a contract that could be established for a fixed term, for one production cycle, for several or many cycles or years, or for an indefinite period. The document aims to provide advice to promote harmonious relations among all parties involved in contracts and those advising them.

FAO’s previous contribution to the development of contract farming saw the publication in 2015 of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming, which focused on the bilateral relationship between an agricultural producer and a contractor. This Legislative Study develops that research and focuses on the regulatory frameworks for contract farming, aiming to highlight different possible approaches for different contexts. Responsible contract farming can be a powerful tool for small scale farmers in developing countries to move towards larger scalecommercial production. It can create economic wealth, contribute to supply chain efficiency through the production of higher quantities of better quality products, and contribute to achieving domestic food security objectives. Maximizing these benefits while minimizing the inherent risks of contract farming is reliant upon the forging of an enabling environment, a key part of which is the domestic regulatory framework. This Legislative Study provides guidance to domestic regulators and other interested readers on how to appraise and potentially reform domestic regulatory frameworks to achieve responsible contract farming. Recognising that different countries and contextual realties may benefit from different regulatory solutions, this Study provides several examples, supported by representative case studies, on how contract farming can be regulated, without promoting a single solution as the most appropriate. Please visit FAO’s Contract Farming Resource Centre, http://www.fao.org/in-action/contract-farming/en/, which is a regularly updated website hosting a variety of material on contract farming both from FAO and from other recognized authors.

This book contains ten writings on different aspects of international law, each of them cross-referenced, in instances in which information in one is relevant to points made in another. The first essay considers the character of the subject, and its relation to other entities of relevance to it, such as its compatibility with national law and its relation to maritime law. The second one considers different types of legal instruments in settings of international law, and explains how to read a multilateral convention, using the Convention for the International Sale of Goods as an example. The third part discusses the characteristics of a state and the concept of recognition, the fourth reviews the various roles that institutions take in international law, concentrating in particular on major regional organisations, and the fifth explores the extent to which the World Trade Organisation and the General Agreement on Tariffs and Trade provide for developing countries. Essay Six summarises the framework for international labour law and investigates its contents and workings, then the seventh considers which countries predominate in the running of international institutions. The eighth paper explores how regional entities might co-operate with international institutions in the harmonisation of the law, and the ninth one investigates the place of negotiation as a method of international dispute resolution. Finally, the tenth essay considers the past, present and future of international law, and reviews especially the role of language.

This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.

The general labour and employment laws of many countries do not necessarily take into account the special circumstances of those who work in the agriculture, forestry and fisheries sectors, whereas legislation governing these sectors tends not to integrate appropriate labour standards. This becomes even more of a concern where there is a general weakness in inter-sectoral and inter-institutional coordination mechanisms. This Legislative Study seeks to respond to these challenges by providing guidance on the integration of internationally accepted labour standards into national legislation in the agriculture, forestry and fisheries sectors. It identifies the standards that apply to these sectors and shows how they have been or could be integrated into regulatory frameworks governing organic production and other agricultural commodities, contract farming, pesticide management, forestry, fisheries and other related sectors. The overall aim of the study is to improve relevant regulatory frameworks with regard to the protection of the rights of people who derive their livelihoods in these sectors.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Il volume collettaneo analizza le tematiche connesse alla disciplina dei rapporti tra i diversi attori della filiera agroalimentare alla luce della Direttiva UE 2019/633 “in materia di pratiche commerciali sleali nei rapporti tra imprese nella filiera agricola e alimentare” e della sua attuazione negli Stati membri, nell’ottica della più ampia problematica della disciplina del mercato agroalimentare. In tale prospettiva, nella prima parte del volume la disciplina dei rapporti contrattuali della filiera agroalimentare viene inquadrata nell’ambito della PAC e della disciplina della concorrenza, evidenziandosi altresì le connessioni con altri profili di rilievo; nella seconda parte, l’analisi si concentra sull’attuazione della Direttiva UE 2019/633 nei diversi Stati membri, al fine di evidenziare i punti di forza e le debolezze del mutato quadro normativo europeo. DOI: 10.13134/979-12-5977-231-2

This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm’s responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right.

Global agricultural production is undergoing a remarkable shift due to globalization and market liberalization (Setboonsarng et al., 2008). Food markets are transforming from a ‘non-programmed to programmed’ regime stemming from overwhelming changes in demand patterns happening concurrently with variations in production dynamics internationally (Oostendorp, 2018). This presents both the challenge and opportunity to change and adapt to this more structured world to reap benefits for both smallholder farmers and exporters (Setboonsarng et al., 2008).