The 2022 Agreement on Fisheries Subsidies: The WTO mountain labours and brings forth a possibly short-lived mouse

Abstract

This mini-commentary on the Agreement on Fisheries Subsidies concluded at the June 2022 session of the World Trade Organization Ministerial Conference begins by tracing the history of the fisheries subsidies issue and the orthodox demonstration of why such subsidies are both biologically and economically deleterious, irrespective of whether the fish are traded across national borders. It then examines why the negotiations occurred specifically in the abovenamed body and not other fisheries fora. The conclusion drawn is that, since it is true of all fishing that subsidisation is likely to harm the long-term health of the stocks targeted, rules that apply universally, as in a mid-2021 draft text, would have rendered Articles 3 on illegal, unreported and unregulated fishing and 4 on overfished stocks unnecessary. In the short term, omission of comprehensive disciplines from Article 5 in the adopted text represents a triumph for those Members advocating a more limited role for this Agreement. In the longer term, though, the Article 12 sunset clause may result in it not surviving long in its initial form if further negotiations fail, potentially vindicating those taking the opposite side in that controversy. Whatever happens, Article 3 risks indirectly damaging the cause of sound international fisheries management.

More information

Identifiers

ORCID for Andrew Serdy: orcid.org/0000-0002-4727-6536

Catalogue record

Export record