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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.
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 thelegal challenge 1Amandine Garde, Joshua Curtis and Olivier De SchutterPART I HUMAN RIGHTS APPROACH TOCHILDHOOD OBESITY PREVENTION2 International human rights and childhood obesity prevention 30Sarah A Roache and Oscar A Cabrera3 The child’s right to health as a tool to end childhood obesity 57Katharina Ó Cathaoir and Mette Hartlev4 Human rights, childhood obesity and health inequalities 86Marine Friant-Perrot and Nikhil GokaniPART II UTILISING THE SPACE AVAILABLEFOR REGULATORY MEASURES UNDERINTERNATONAL ECONOMIC LAW5 Sugar as commodity or health risk: The unmaking orremaking of international trade law? 112Gregory Messenger6 Using food labelling laws to combat childhood obesity:Lessons from the EU, the WTO and Codex 138Caoimhín MacMaoláin7 Investment protection agreements, regulatory chill, andnational measures on childhood obesity prevention 161Mavluda Sattorova8 International trade and childhood obesity: A Caribbeanperspective 185Nicole FosterPART III ADDITIONAL TOOLS AVAILABLE UNDERHUMAN RIGHTS LAW9 Can the United Nations system be mobilized to promotehuman rights-based approaches in preventing and endingchildhood obesity? 219Wenche Barth Eide and Asbjørn Eide10 Combatting obesogenic commercial practices through theimplementation of the best interests of the child principle 251Amandine Garde and Seamus Byrne11 Multinational food corporations and the right to health:Achieving accountability through mandatory human rightsdue diligence? 282Oliver Bartlett12 Bridging governance gaps with extraterritorial humanrights obligations: Accessing home State courts to endchildhood obesity 309Joshua Curtis13 Overcoming the legal challenge to end childhood obesity:Pathways towards positive harmonization in law and governance 339Joshua Curtis and Amandine GardeIndex 370
'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.'