ALSA 2025 meeting

Locating the right to food in the work of International Financial Institutions: The case of the Asian Development Bank
2025-12-13 , Room01

International financial institutions (IFIs) exert substantial influence over the food policies of their member States, and finance projects that significantly affect the food situation in these States. Despite this, the question of whether they have legal obligations to ensure the respect for, protection, and fulfilment of the right to food remains unclear. This article explores the possible obligations of the Asian Development Bank (ADB), one of the most powerful IFIs in the Asia Pacific region, in relation to the right to food. First, the article argues that the ADB has indirect human rights obligations through its member States, the majority of which are legally obligated to implement the right to food. Second, it explores other bases upon which ADB may be bound directly under international law. It argues, first, that the right to adequate food may have evolved into a customary norm; and second, that the ADB is a subject of international law and is thus bound by customary norms. It concludes that at a minimum, the ADB has an obligation to respect the right to adequate food, but there is no sufficient basis yet to explicitly claim that the ADB has an obligation to protect and fulfil such right. Nevertheless, the ADB has taken actions that align with the protection and fulfilment of the right to food.


Affiliation:

Faculty of Law, Monash University, Australia

Role in the Panel:

Paper Presenter