“getting into a bind”: how the trade and investment regime blocks the development of agroecology and access to land

The report examines how the neoliberal trade and investment regime prioritizes the economic profitability of transnational corporations (TNCs) over human rights and food security. It contrasts the 'Agribusiness Model', characterized by large-scale monocrops and investor protections, with an 'Agroecology Model' based on food sovereignty and environmental justice. The document highlights how specific legal clauses in trade agreements—such as National Treatment and Investor-State dispute settlement—create a 'regulatory chilling-effect' that prevents states from protecting small-scale producers. It specifically identifies the European Union as a driver of this system through its trade strategies and funding of agroindustrial projects in Africa. The report concludes with recommendations to reform investment regimes, prioritize small-scale producers, and establish legally binding instruments to hold TNCs accountable for human rights violations.

• The current trade and investment framework prioritizes the interests of transnational corporations (TNCs) and the governments of pivotal countries, specifically the US and Europe, by expanding profit margins and economic profitability.
• Specific clauses in trade and investment agreements limit the capacity of states to implement domestic public policies and protect national industries. These include the National Treatment Clause, which prevents states from favoring national sectors, and the Fair and Equitable Treatment Clause, which restricts the state's role as an active regulator.
• Investor-State dispute settlement mechanisms allow TNCs to sue host countries in international arbitration tribunals if profit expectations are not met, leading to a 'regulatory chilling-effect' on national legislation.
• The agribusiness model focuses on the production of 'flexible monocrops' and commodities (such as soy in South America and oil palm in Africa) for animal feed and biofuels rather than feeding people, which exacerbates hunger and poverty.
• The European Union acts as an engine for the agribusiness model through its 'Global Europe' strategy and by financing agroindustrial companies in Africa via the Technical Assistance Facility (TAF) and the International Fund for Agricultural Development (IFAD).
• Agribusiness negatively impacts women by exacerbating their vulnerability and restricting their access to land and livelihoods, often operating on a patriarchal approach to reproductive relationships.
• Climate change provisions in trade agreements are often used to pressure developing countries into accepting market regimes like carbon markets, which can lead to the grabbing of territories and further restrict access to land.

APA

Friends of the Earth International (2016). “getting into a bind”: how the trade and investment regime blocks the development of agroecology and access to land. https://www.foei.org/wp-content/uploads/2016/10/Camisa-Once-Varas-INGLES-Q.pdf

Chicago

Friends of the Earth International. “getting into a bind”: how the trade and investment regime blocks the development of agroecology and access to land. 2016. https://www.foei.org/wp-content/uploads/2016/10/Camisa-Once-Varas-INGLES-Q.pdf.

Wikipedia

{{cite report |author=Friends of the Earth International |title=“getting into a bind”: how the trade and investment regime blocks the development of agroecology and access to land |date=October 2016 |url=https://www.foei.org/wp-content/uploads/2016/10/Camisa-Once-Varas-INGLES-Q.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{friendsoftheearthinternational2016getting, author = {{Friends of the Earth International}}, title = {{“getting into a bind”: how the trade and investment regime blocks the development of agroecology and access to land}}, institution = {Friends of the Earth International}, year = {2016}, month = oct, url = {https://www.foei.org/wp-content/uploads/2016/10/Camisa-Once-Varas-INGLES-Q.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }