Agriculture is simultaneously a significant driver of climate change and, in itself, a segment of the economy most fundamentally impacted by the effects of climate change. To be sure, this reciprocal relationship thus represents a major obstacle for policy-makers who, amid the structural complexities, strive to find appropriate legal solutions to this cross-cutting phenomenon. Mindful of such a background, Mary Jane Angelo and Anél Du Plessis used the above as a starting point and edited a volume which attempts to document the multifaceted nuances of the issues at hand. In particular, the purpose of the book is to explore some of the lesser-researched areas. It suggests and discusses new, innovative policy solutions to plug the research gaps present in agricultural law.
More specifically, the objectives of the volume are clearly set out in its introduction: to explore the suitability of domestic laws and policies and address climate mitigation, as well as human and agro-ecosystem adaptation; to identify the legal obstacles and pursue more efficient mitigation and adaptation policies; to critically evaluate whether (and to what extent) domestic policies currently in place comply with the expectations laid down in the international regulatory framework; to discuss strengths, weaknesses, gaps and potential innovations of the existing policies; and, finally, lay down a future research agenda.
To this end, the volume consists of 15 extensive contributions purporting to provide answers to the above-mentioned challenges The first chapter is (rightly) dedicated to outlining the legal framework of climate regime (UNFCCC and related documents), stressing how the significant reductions in greenhouse gases demanded by the 2015 Paris Agreement indirectly touch upon agriculture.
Subsequently, a chapter is dedicated to the main features of the agricultural sector in the current geological age of the so-called “Anthropocene” – as coined by scientists to emphasise the manifold ways in which humans have altered our planet and biosphere. Accordingly, the ways in which agro-ecosystems must adapt to these changes – both in terms of resilience and in terms of transformational change – are discussed at length. The fourth chapter continues in a similar vein, particularly in highlighting how agriculture and rural communities are at the front line for most climate-induced challenges. The volume thus follows a logical path whereby the identification and conceptualisation of the key notions pave the way for more thematic-based approaches. Unsurprisingly, then, the subsequent set of contributions focus on the new legal challenges posed by climate change in relation to certain sectors such as the regulation of water, invasive species, genetically-modified organisms, intensive animal agriculture, trade and land grabbing. Evidently, the understanding of such connections requires a highly interdisciplinary approach able to unravel the intertwined strands of science, law and policy. In order to provide concrete proposals for climate change mitigation and adaptation, it is indeed fundamental to define the content of the action for each sub-thematic area involved. An additional, highly insightful chapter on the role of payments for ecosystem services as a decisive tool for adaptation policies concludes the set of contributions dedicated to the thematic-based approaches. This is one of the most crucial contributions of the entire book, as it demonstrates how agriculture – whose status is situated between “industrialised” and “preservation”– can be the starting point to steer land use towards a more balanced, ecosystem-orientated attitude.
Despite primarily focusing on various international experiences throughout, the volume eventually hones in on the specific national contexts of Brazil, Kenya and Australia and the issues that are particularly problematic for these countries (such as agro-fuels, smallholders’ agriculture and land use), thereby offering a valuable comparative perspective for the reader.
Overall, the book is absolutely persuasive in its conception and could be considered an essential read in this field of research going forward. With its combination of broad analyses and thematic approaches, it offers more than a rudimentary overview of the main axes of the subject. Naturally, as the editors themselves are certainly aware, the myriad of connections between agricultural law and climate change practically preclude a comprehensive overview, inevitably leading to the omission of several interesting themes. For instance, it would have been interesting to see a contribution on the impact of climate change (and climate change measures) on the evolving agricultural landscape – in the sense of combination of mosaic of farmers’ fields, semi-natural habitats, human infrastructures and occasional natural habitats – particularly in its relationship with the (international) law on the protection of landscapes. However, it must be acknowledged that the work reaches a fitting compromise between its ambitious objectives and the necessary volume constraints (the book is 472 pages in total).
More generally, it is fair to say the core achievement of the book resides precisely in the fact that its primary objectives largely appear to have been addressed. Maintaining a coherent and easy-to-read style throughout each of the contributions, the volume has certainly identified the main interlinkages between climate change and agriculture and the most crucial challenges ahead, whilst also proposing concrete and viable solutions to many of these challenges. As a result, it offers a valuable contribution to the research in this domain and lays the groundwork for future works. Importantly, the authors also manage to strike a satisfactory balance between international legal perspectives and domestic experiences, although the absence of any focus on EU agriculture and climate specifically is perhaps questionable. From an editorial perspective, this decision is absolutely justified, as well as in light of the fact that the EU framework in this field has already been explored extensively by other academics. Nevertheless, the EU has ostensibly taken the lead in the fight against climate change worldwide and EU legislation is in this respect, despite its shortcomings, arguably one of the most progressive, in terms of integrating climate change considerations in the agricultural sector. In that sense, taking stock of the European case may have made ensured more completeness and may have also helped to establish a benchmark for evaluating the efforts made by other countries and regions in this regard.
