Das Wirtschaftspartnerschaftsabkommen zwischen der EU und den SADC-WPA-Staaten im Lichte des Rechts auf Nahrung

Abstract

The SADC-EU-EPA, a treaty aiming for extensive liberalization of trade between the Euro-pean Union and Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa, came into effect in October 2016. Prior to the EPA’s signing, the southern African countries were able to protect their markets from EU-exports while simultaneously being allowed to export duty free to the EU. However, with the new agreement this protection has been dis-solved, as they are now obliged to open their markets for EU-goods, as well. Moreover, further important articles have been embedded in the EPA, like a prohibition of export taxes and an increased protection of intellectual property rights. The resulting effects of the agreement are highly controversial, and whereas the EU-Commission advocates for the EPA, the African states criticize the agreement violently, feeling compelled to sign. Their fear is particularly based on the expectation that their do-mestic economies lack competitiveness against EU-exports, and hence, in a socio-economic context the EPA may become a devastating impairment and threat to their econ-omies. Furthermore, due to the fact that more than 20 % of the population in southern Afri-ca still suffers from hunger, concerns have been raised regarding whether the EPA could also have an immediate effect on food security. This paper attempts to analyze the most important articles of the EPA, so that – taking ac-count of the existing economical studies – empirical consequences can be predicted. The main focus has been to examine whether the contracting states have complied with their obligations under human rights law, and more specifically to answer whether the contract-ing states have impaired the human right on food.