| IUU fishing(Illegal,Unreported and Unregulated Fishing)is illegal,unreported and unregulated(IUU)fishing.Despite its well-known harms,IUU fishing can benefit from government support for fisheries.The prohibition of subsidies for IUU fishing is an important economic lever to reduce its profitability,so countries look to fisheries subsidies negotiations to establish subsidy disciplines to achieve sustainable development of marine fishery resources.On 17 June 2022,the 12 th WTO Ministerial Conference resulted in an outcome document,the Fisheries Subsidies Agreement One of its core disciplines is the establishment of IUU fishing subsidies discipline,which prohibits subsidies that contribute to IUU fishing activities.Against this background,this paper analyzes the main contents of the current IUU fishing subsidies disciplines and thus analyzes the positive impacts of the IUU fishing subsidies disciplines and the main problems of the contents in light of the WTO Fisheries Subsidies Agreement text and the relevant information of the WTO fisheries negotiations.From a theoretical perspective,the role of the IUU Fishing Subsidy Discipline in improving the global IUU fishing governance system is discussed and the focus of the Discipline in future negotiations is clarified.On this basis,the paper analyzes the challenges of implementing the IUU fishing subsidies discipline in China from the perspectives of Chinese legal system for combating IUU fishing activities,the fisheries subsidies system and the fulfillment of the notification obligations of the Agreement,and puts forward proposals for improving the legal system for identifying IUU fishing activities,improving the fisheries subsidies system and establishing a response plan to the notification mechanism.It has important practical significance in promoting the entry into force of the Fisheries Subsidy Agreement,promoting the sustainable development of fisheries,and providing references for the fisheries management reform in China.This article includes the following five main parts:The first part is the introductory section,which firstly introduces the harms caused by IUU fishing activities and the global consensus on the necessity of banning IUU fishing subsidies.In this research context,the current research in the relevant domestic and international literature is analyzed and reviewed,and the significance of this paper,the research methodology and the structure of the paper are explained.The second part is a detailed description of the content of the IUU fishing subsidy disciplines of the WTO Fisheries Subsidies Agreement,which provides the literature base for the following analysis of the agreement.The definitions of IUU fishing activities in IPOA-IUU,PMSA and the Fisheries Subsidies Agreement are first compared.This is followed by a detailed compendium of the subjects and procedures for identifying IUU in this discipline and the controversies in its negotiation.Next,the prohibited targets of the IUU fishing subsidy discipline and the period of application of the ban on subsidies are explained to provide a basis for the enforcement of the discipline.Finally,other important elements of the IUU fishing subsidies discipline covered in the Fisheries Subsidies Agreement are explained,including the new requirements for notification system and transparency,and special and differential treatment provisions for developing countries in the Agreement.The third part is an analysis of the impact of the IUU fishing subsidy disciplines of the WTO Fisheries Subsidies Agreement on global fisheries development.The study finds its significance to the global fight against IUU fishing activities,including the first legally binding ban on IUU fishing subsidies;promoting the global establishment of IUU fishing subsidy disciplines;and providing experience for the WTO negotiations in the direction of environmental sustainability.However,as the agreement is the product of mutual compromise among the negotiating parties,some of the controversial points in the negotiations are not clearly stipulated in the agreement,so there are still three major problems in the implementation of the IUU fishing subsidies discipline:(1)difficulties in the identification of IUU fishing behavior;(2)difficulties in the implementation of measures to prohibit IUU fishing subsidies;(3)low implementability of notification and new transparency.The fourth part is an analysis of the challenges to our country in implementing the IUU fishing subsidy discipline.Based on the combination of the previous studies,from the perspectives of China’s legal system for combating IUU fishing activities,the fisheries subsidy system and the fulfillment of the notification obligation of this agreement,it is found that(1)Chinese fisheries laws are inadequate in terms of the concept of IUU fishing activities,the identification of "illegal" fishing activities,the identification of "unreported "(2)Chinese fisheries subsidy system is inadequate in terms of deduction mechanism and transparent system construction;(3)China faces challenges in fulfilling the basic notification obligations and "counter-notification" obligations of the Agreement.The fifth part contains recommendations for China’s implementation of the IUU fishing subsidy discipline.On the basis of the previous chapter,the challenges faced by China in implementing the disciplines are analyzed one by one,and countermeasures are provided for their implementation.It is suggested that:(1)the domestic laws should be improved in terms of clarifying the concept of IUU fishing activities,improving the identification of "illegal" fishing activities,and improving the identification of "unreported "(2)to improve the mechanism of deducting fisheries subsidies in China,improve the transparency of subsidies and align with international standards;(3)to establish a response plan to fulfill the basic notification and "counter-notification" obligations of the Agreement. |
