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The Case for a Global Treaty on Soil Conservation, Sustainable Farming, and the Preservation of Agrarian Culture

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The Case for a Global Treaty on Soil Conservation, Sustainable Farming, and the Preservation of Agrarian Culture 02-FROMHERZ (DO NOT DELETE) 7/16/2012 11:53:50 PM The Case for a Global Treaty on Soil Conservation, Sustainable Farming, and the Preservation of Agrarian Culture Nicholas A. Fromherz∗ Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature’s ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination—these and other threats have conspired to take away the land that feeds us. But they have done so largely at our own command. Like most environmental crises, human decisions have played a critical role in the degradation of Earth’s soils. To remedy this situation—or at least generate change that moves us in the right direction—I argue that we need a new global treaty specifically designed to address the soil crisis. After explaining the nature of the threat and its causes, I canvass the social and legal responses that have been launched to address the problem. Through this discussion, we see that the international community has failed to meet the soil crisis with the construction of an adequate legal regime. As an extension of this failure, the international community has also failed to recognize the other problem that comes along with land degradation: cultural erosion. As we convert valuable farmland to urban sprawl and lose fertile spaces to expanding deserts, we also witness the loss of small-scale farming and the communities it supports. I reveal the link between these two crises by emphasizing a common cause: the rise of industrial agriculture. With its emphasis on short-term profit margins, mechanization, product specialization, division of labor and capital, and economies of scale, industrial agriculture profits at the expense of ecology and rural communities. To save our soils and the communities that work them, I argue that a global treaty addressing soils should also address agrarian culture and—in the way of Copyright © 2012 Regents of the University of California. ∗ Environmental Law and Policy Scholar, Adelante Mujeres. This Article is dedicated to the memory of the Honorable Terence T. Evans. 57 02-FROMHERZ (DO NOT DELETE) 7/16/2012 11:53:50 PM 58 ECOLOGY LAW QUARTERLY [Vol. 39:57 responding to both issues—should implement reforms in support of sustainable farming. Introduction....................................................................................................... 59 I. The Importance of Abundant and Healthy Soil..................................... 63 A. Understanding Soil: The Basics..................................................... 64 B. Food Security and Food Sovereignty............................................. 65 C. The Soil-Water Relationship.......................................................... 68 D. Biodiversity.................................................................................... 69 E. Soil and Climate Change ............................................................... 70 F. The Aesthetic and Sentimental Value of Soil ................................ 71 G. Soil Left Unprotected Diminishes the Gains of Other Conservation Efforts ...................................................................... 72 II. The Value of Agrarian Culture and Sustainable Farming ..................... 73 A. Farming as the Foundation of Society ........................................... 73 B. The Campesino Way of Life Is Worth Preserving from a Sociocultural Perspective............................................................... 74 C. The Campesino Way of Life Can be Preserved, but Sustainable Agriculture and Soil Protection Are Necessary Predicates....................................................................................... 76 D. Economic Justice and Community Welfare Demand a Place for the Small-Scale Farmer ............................................................ 78 E. Farmers as Stewards, Farmers as Profiteers................................... 80 III. The State of the World’s Soil and Threats to Agrarian Culture ............ 82 A. Then and Now................................................................................ 82 B. Major Threats to Soil and Agrarian Culture .................................. 83 1. Industrial Agriculture and Short-Sighted Farming Practices................................................................................... 83 2. “Free” Trade (NAFTA and Friends)........................................ 86 3. Erosion..................................................................................... 87 4. Sprawl and the Loss of Valuable Farmland............................. 89 5. Salinization .............................................................................. 92 6. Desertification.......................................................................... 93 7. Contamination.......................................................................... 95 8. Nutrient Depletion ................................................................... 96 9. The Rise of the City and the Fall of the Campo....................... 97 IV. Protecting Our Soil and Agrarian Communities Requires a New Global Treaty......................................................................................... 99 A. Attempts to Date: Social Movements and Legal Responses.......... 99 1. Social Movements.................................................................... 99 2. Legal Responses and the Need for a Global Protocol Specifically Tailored to Promote Soil Conservation, Sustainable Farming, and the Preservation of Agrarian Culture ................................................................................... 102 02-FROMHERZ (DO NOT DELETE) 7/16/2012 11:53:50 PM 2012] A GLOBAL TREATY ON SOIL CONSERVATION 59 a. The Legal Status Quo Regarding Soil Conservation ....... 102 b. The Legal Status Quo of Sustainable Farming ................ 105 c. The Legal Status Quo of Preservation of Agrarian Culture ............................................................................. 107 d. The Need for International Law....................................... 107 B. A Sketch of a Global Treaty ........................................................ 109 1. Rules to Promote Soil Conservation...................................... 110 a. Urban Growth Boundaries............................................... 110 b. Erosion Control................................................................ 110 c. Irrigation Reform............................................................. 110 d. Nutrient Depletion Control .............................................. 111 e. Restrictions on Contamination......................................... 111 2. Rules to Promote Sustainable Farming.................................. 112 a. Establishment of Permanent Agricultural Zones ................... 112 b. Incentives to Encourage Local Production and Consumption.................................................................... 112 c. Incentives to Encourage Organic, Free-Range, and Mixed-Use Farming......................................................... 112 d. Bans on Harmful Pesticides............................................. 113 3. Rules to Promote the Preservation of Agrarian Culture......... 113 a. Right to Collective Bargaining ........................................ 113 b. Subsidized Cultural Programs and UNESCO World Heritage Sites................................................................... 114 c. Higher Taxes on Industrial Agriculture ........................... 115 d. Subsidies for Small-Scale Farms ..................................... 115 e. Incentives for People to Stay in the Countryside............. 115 V. Barriers to Change............................................................................... 116 A. Soil’s Low Profile........................................................................ 116 B. Soil and Agriculture Seen as Domestic Issues or as Distinct Issues to Be Approached Separately............................................ 116 C. The Notion That Soil Receives Sufficient Protection Through Other Environmental Laws.......................................................... 118 D. “The Prejudice Against Country People” .................................... 118 E. Short-Term Decision Making ...................................................... 120 Conclusion ...................................................................................................... 121 INTRODUCTION The earth beneath our feet has a tough lot in life. We ask it to feed us, to support our buildings and roads, and to filter our water, but we treat it like, well, dirt. 02-FROMHERZ (DO NOT DELETE) 7/16/2012 11:53:50 PM 60 ECOLOGY LAW QUARTERLY [Vol. 39:57 The story of the human race is the story of soil. As we unlocked the secrets of agriculture, we were able to build grand civilizations.1 Surplus food allowed us to spend time pursuing other endeavors—the arts, science and medicine, philosophy, and higher forms of government.2 There was a time when we respected the farmer and the land he worked for all they brought us. It seems that time may be behind us. Although the need for soil conservation and sustainable agriculture is more pressing than ever, these concerns have largely failed to capture the public’s attention. They have certainly failed to generate the kind of national and international legislation that has sprung forth from the threats of climate change, water shortage, air
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