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http://www.scirp.org/journal/PaperInformation.aspx?PaperID=53414#.VMG65SzQrzE
ABSTRACT
Fisheries
subsidies negotiation was added to the negotiation agenda of the DDA
largely by the concern for the depletion of fishery stocks. Some
members, in particular, the Friends of Fish group countries, claimed
that over-fishing and overcapacity caused by various fisheries subsidies
program have resulted in the depletion of fishery stocks. Therefore,
they argued that new disciplines should be introduced to address the
situation. In 2007, after more than five years of negotiations, the
chairman of the Rules Negotiations Group circulated a consolidated text.
However, the negotiations have hardly made progress since then. This
paper examines whether the Rule Negotiating Group chair’s text is
legally and practically appropriate to serve as a basis for the
fisheries subsidies negotiations. In order to address the question, this
paper presents the brief history of fisheries subsidies negotiations at
the WTO. Then, it analyzes critical issues of the Rule Negotiating
Group chair’s text. It also explores the consolidated text of the TPP
negotiations. Based on the analysis, it concludes that the basic concept
and the principle of the chair’s text are inconsistent with those of
the ASCM, and that the structure of the text does not conform those of
the ASCM and other WTO agreements. Likewise, the TPP text bears similar
problems. Therefore, it is highly questionable whether WTO members and
TPP parties can actually achieve the goal to conserve fishery resources.
WTO members as well as TPP parties should try to address these
problems, so that they can make real progress in negotiations.
KEYWORDS
Fisheries Subsidies, World Trade Organization (WTO), Doha Development Agenda (DDA), Rules, Chairman’s Consolidated Text, Agreement on Subsidies and Countervailing Measures (ASCM), Trans-Pacific Partnership (TPP)
Cite this paper
References
Cho, Y. (2015) Revisiting WTO Fisheries Subsidies Negotiations. Beijing Law Review, 6, 9-15. doi: 10.4236/blr.2015.61002.
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[10] | WTO (2013). Bali Ministerial Declaration adopted on 7 December 2013, WT/MIN(13)/DEC, 11 December 2013. |
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