Abstract
The past decades have seen enormous growth in the agrochemical industry. Its pesticides and fertilisers promise to farmers worldwide an increase in yields and a decrease in labour input. The expansion of the pesticides industry results in tremendous costs to others – in the form of chronic illness, acute injuries, and environmental degradation. Such costs are borne disproportionately by farm and plantation workers in the Global South due to a perilous combination of weak regulation, lack of training and access to information, and meager resources for protective equipment. Agrochemical companies continue to claim that their products are safe when used correctly by farmers and regulated effectively by the state. Advocates have attempted to use litigation as a recourse for challenging the agrochemical industry. Civil litigation against pesticides manufacturers can directly address the injuries suffered from pesticide poisoning, but such lawsuits face a number of challenges and all too often leave workers and farmers without access to an effective remedy. This article explores the potential of complementary litigation which challenges the harmful sales practices of pesticide companies, as well as the precautionary principle, as an alternative to protect pesticide users against hazards.
Highlights
As the global population increases exponentially, so too does the worldwide demand for food and other agricultural products
Civil litigation against p esticides manufacturers can directly address the injuries suffered from pesticide poisoning, but such lawsuits face a number of challenges and all too often leave workers and farmers without access to an effective remedy
In order to seek legal redress for the harms caused by the pesticides industry, those affected have turned to litigation
Summary
As the global population increases exponentially, so too does the worldwide demand for food and other agricultural products. Multinational corporations have seized the opportunity created by this demand to develop genetically engineered crops and accompanying agrochemicals in order to increase p roduction while decreasing labour requirements, even though some United Nations experts favour the use of sustainable, agroecology systems.[1] Though this may lower the price of produce for some, the expansion of the pesticides industry results in tremendous costs for others – in the form of chronic illness, acute injuries, and environmental degradation Such costs are borne disproportionately by those in the Global South as a result of a perilous combination of weak regulation, lack of training and access to information, and meager resources for protective equipment.
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