Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law
Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law
Abstract
This article examines the following questions: Is there a human right to food and water in the international sphere? Is it possible to derive such human rights as “general principles of law” within the meaning of public international law, which are (as a kind of natural law) independent from contractual agreement or recognition by States? What exactly would such a right to food and water comprise? Is there a constitutional rank relationship evolving between human rights and public international law which might affect the interpretation of, e. g., WTO law? How can conflicting considerations be balanced (the need for which is often overlooked in public international law)?