The Rules Of WTO Prohibited Fishery Subsidies

The 12 th Ministerial Conference of the World Trade Organization(hereinafter referred to as WTO)adopted the Agreement on Fisheries Subsidies in June 2022.The agreement has 12 articles,including scope,definition,prohibited fishery subsidies,transparency and the dispute settlement.The most important of these articles is the prohibited fisheries subsidies provisions because most of the fishing behaviors that cause great damage to marine fishery resources are carried out with the support of a government’s subsidy policy.If they could stop some governmental subsidies,it will reduce highly destructive fishing or fishing-related activities and achieve the conservation of marine fishery resources.This dissertation discusses the prohibited fisheries subsidies rules in the agreement and aims to interpret prohibited fisheries subsidies rules.By using the WTO negotiating materials,it analyzes the future implementation,the key issues of the second round of negotiations,as well as its possible impacts.This dissertation is divided into five parts.The first part sorts out the drafting and evolution processes of the Agreement on Fisheries Subsidies Agreement itself and the rules,discusses the concept and types of prohibited fisheries subsidies rules,and analyzes the relationship between various types of subsidies provisions and related agreements under the WTO framework.The following parts interpret and comment the three types of prohibited fisheries subsidies rules,namely subsidies contributing to illegal,unreported and unregulated fishing,subsidies regarding overfished stocks and subsidies contributing to overcapacity and overfishing.It interprets the key contents of the provisions,understands the specific contents of the rules on prohibited fisheries subsidies and identifies the problems that may arise in the future implementation of the rules.The fifth part reveals the future of the prohibited fisheries subsidies rules from three aspects of the potential for implementation of the Agreement and the rules,the key issues in the next round of negotiations and the potential implications of the prohibited fisheries subsidies rules.The dissertation argues that the rules regulated the subsidies based on specific fishing behavior and fishing targets.The rules can be fully implemented in the future,both at the theoretical and practical levels.The rules can improve the subsidies rules of the WTO,strengthen the application of other relevant international treaties,play a model role of fisheries subsidy rules in regional trade agreements,and influence the member’s fisheries subsidy policies.The Agreement and the rules will also affect China’s domestic fisheries subsidies,the departments of the government should promptly adjust the relevant subsidy policies,so as to avoid the legal risks that may be faced after the rules coming into force.However,members should realize that the current Agreement is only a part of the package.Members need to negotiate related topics in the future.This includes both issues that were not agreed upon in the first round of negotiations,such as subsidies that contribute to overcapacity and overfishing,and new issues,such as forced labor on fishing vessels.