Building Sustainability into Agricultural Supply Chains: What Role for Private International Law?

Résumé

This article considers certain private international law (PIL) instruments and how
these might be used effectively to achieve greater sustainability in agricultural supply chains.
After an overview of key concepts in sustainability, supply chains and the broader
interpretation of PIL, investigation is made into the use of PIL as an immediate measure to
keep supply chains open during crises such as pandemic or war. Taking the longer view, PIL
instruments are considered for use to develop supply chains that are: 1) economically
sustainable through improved access to credit; 2) environmentally sustainable through
improved contract farming, and; 3) socially sustainable through land investment contracts. In
the face of a governance gap for global supply chains, industry-led efforts through corporate
social responsibility (CSR) are explored to consider whether agribusinesses that can
demonstrate compliance with sustainable development parameters also meet the requirements
of environmental, social and governance (ESG) factors to attract green finance and satisfy the
demands of conscientious consumers through the use of Private Voluntary Standards (PVS).
The question for reflection is what role PIL might have in strengthening such governance
through the incorporation of international standards into binding contractual relationships to
thereby foster sustainable agriculture and global food security.