Research On IUU Fishing Under The Framework Of WTO

Fishery subsidies from governments are an important cause of global IUU Fishing and overfishing.In order to protect the increasingly depleted fishery resources,the comprehensive crackdown on IUU Fishing draws more and more attention from the international community.From the United Nations Convention on the Law of the Sea to the introduction of a series of international fishing laws,the world has formed a situation in which various parties,including flag states,port states,market states and Regional fishery organizations,fight against IUU Fishing.However,flag states lack effective control over fishing vessels and regional fisheries organizations have difficulties in managing fishing vessels that are not parties.It is therefore expected that the WTO,with its dispute settlement mechanism,will participate in the fight against IUU Fishing.With the intensive negotiation of fishery subsidy,how to effectively solve IUU Fishing under the framework of WTO has become an urgent problem to be solved.Firstly,by analyzing the relationship between fishery subsidies and IUU Fishing and the insufficiency of international fishery law in solving IUU Fishing,the important complementary role of WTO fishery negotiation in combating IUU Fishing is emphasized.Secondly,by comparing and analyzing the definition of IUU by regional fishery organizations,world fishery powers and international fishery laws and regulations,this paper provides reference for the appropriate definition scope of IUU Fishing under the framework of WTO,the determination of appropriate identification institutions and organizations,and the trigger conditions of discipline.At the same time,it also pays attention to the position and viewpoint of each country in the fishery subsidy negotiation on the latest chairman's documents.Thirdly,the existing basic principles and rules under the WTO system are analyzed,and the applicability of substantive rules such as Agreement on Subsidies and Countervailing Measures to fishery subsidies is explored.Special attention is paid to the importance of the application of special and differential treatment to developing countries,the construction of transparency system and consultation and settlement in fishery dispute.Then,it analyzes the difficulties faced by WTO's dispute settlement mechanism in fighting IUU Fishing in terms of procedures and implementation from multiple aspects,including jurisdiction,the cause of action and the determination of the appealing state,including its conflict of jurisdiction of other dispute settlement mechanisms.At the same time,through the analysis of fishery's particularity and complexity,which is different from trade in goods and traditional agricultural products,especially the fishery disputes involving the marine territorial sovereignty conflicts,to define the boundary of the WTO dispute settlement mechanism to solve IUU Fishing,analysis of fishery negotiations of the terms of the disputed waters,in order to prevent in the process of fishery dispute resolution is a threat to national marine territorial sovereignty.Finally,in the context of the systematic system reform initiated by the WTO,the new requirements of the new round of fishery subsidy negotiations on China's fishery subsidies and fishery management measures are analyzed,and some Suggestions are put forward for China's subsidy structure reform and how to strive for more interests in WTO fishery negotiations.