Food Sovereignty in the Face of International Investments in Agricultural Land: The Limits of the Food and Agriculture Organization’s Protection of Developing Countries

Abstract

The growing expansion of international investments in agricultural land has generated significant legal and economic challenges for developing countries, particularly with regard to their ability to preserve food sovereignty, protect agricultural resources, and ensure sustainable access to food for their populations. Although international investment law seeks to provide a stable and protective legal framework for foreign investors, certain investment practices involving large-scale acquisitions or long-term leases of agricultural land may create tensions between investment protection and the regulatory authority of host States. These tensions are particularly significant where agricultural land constitutes a strategic resource directly linked to food security, rural development, and the livelihoods of local communities. Within this context, the Food and Agriculture Organization of the United Nations (FAO) plays an important normative and institutional role through its principles, guidelines, and international instruments relating to responsible agricultural investment, land governance, food security, and the sustainable management of natural resources. Nevertheless, the effectiveness and limits of FAO mechanisms in protecting the interests of developing States remain subject to debate, particularly because of the predominantly non-binding nature of several relevant international instruments. This study examines the extent to which international rules governing agricultural investment can be reconciled with the right of States to protect their food sovereignty and agricultural resources. It also analyses the role of the FAO in establishing standards for responsible investment, supporting developing countries, and promoting a balance between the interests of investors and the protection of food systems and agricultural land. The study concludes that achieving such a balance requires greater integration of food sovereignty and sustainable land governance considerations into international investment frameworks, together with stronger institutional mechanisms capable of assisting developing States in regulating agricultural investments while respecting their international obligations.