International Relations ♦ Online 65 Va. J. Int’l L. Online 2 (2025)

Growing Indigenous Food Sovereignty in the USMCA

ELIZA FAYE LAFFERTY

Mexico is home to fifty-nine native corn varieties, which Indigenous Peoples have cultivated for thousands of years. Indigenous Peoples’ control of their native corn production is an issue of food sovereignty and biodiversity—they should be empowered to use traditional methods that are culturally and environmentally appropriate. Genetically modified or biotech corn imports threaten the food sovereignty of Indigenous Peoples, as the imports displace traditional farming practices and erode the biodiversity in the region. Recently, the Mexican government passed a Decree banning the import of biotech corn in favor of protecting culturally significant native corn and biodiversity. In response, the United States—the main exporter of corn to Mexico—challenged the ban as a violation of the U.S.-Mexico-Canada Agreement (USMCA), specifically its provisions on sanitary and phytosanitary measures, and requested a dispute settlement panel under the USMCA. The United States claimed that the ban lacks scientific data about the negative health impacts of biotech corn and thus runs counter to the USMCA. On December 20, 2024, the dispute panel issued a Final Report, finding for the United States. Although the report acknowledged the significance of Indigenous rights, the panel disregarded Indigenous and biodiversity arguments supporting the Decree. Thus, protections for Indigenous Peoples under the USMCA have not yet been enforced. Analyzing the U.S.-Mexico dispute over biotech corn, this Essay advocates for pathways to strengthen Indigenous Peoples’ rights under the USMCA, including by establishing an affirmative right to food sovereignty in the USMCA and creating a stronger reading of biodiversity provisions. Further, this Essay argues that when interpreting the USMCA, more weight must be given to social and environmental provisions rather than focusing on just the economic provisions. Placing greater weight on Indigenous and biodiversity protections, and incorporating an affirmative right to food sovereignty, would transform the USMCA into a more sustainable, inclusive trade agreement.