Study On IUU Fisheries Subsidies Ban In WTO Fisheries Subsidies Negotiation

The WTO fishery subsidies negotiations restarted in 2018 are underway,in which the prohibition on subsidies to IUU fishing are widely agreed by WTO members.However,there are still divergences in matters such as the determination of IUU fishing,the implementation of the prohibition,how to deal with territorial and maritime jurisdiction disputes,and special and differential treatment for developing countries.This paper analyzes the important matters related to the prohibition on subsidies to IUU fishing,and suggests that the definition in FAO International Action Plan against IUU Fishing should be explicitly quoted in the future agreement;coastal Members,flag States Members,RFMO/A,port States Members and subsidizing Members can make determination of IUU fishing according to international law,but when the determining Member is not the subsidizing Member,a procedure for IUU fishing determination confirmation or verification by subsidizing Member should be set up.Applying such prohibition should follow the principle of "who be subsidized and who be canceled",and the seriousness of IUU fishing should be considered,and the legal relief for damage caused by subsidies prohibition triggered by improper determination of IUU fishing should be stipulated;There are still many differences on how to establish IUU fishing subsidy ban,including the subject and procedure of IUU fishing,the implementation of subsidy ban and related territorial and maritime jurisdiction disputes,special and differential treatment of developing countries,and the issue of IUU fishing subsidy ban in dispute settlement mechanism,etc.The WTO fishery subsidy negotiations failed to reach an agreement at the end of 2019 as scheduled.The negotiations in 2020 were delayed due to the impact of COVID-19 epidemic,and it is uncertain what IUU fishing subsidy ban will be reached among members.China is considered to be the largest marine fishing country in the world,and its marine fishing output accounts for 15% of the world in 2018.At the same time,it also has the largest marine fishing fleet in the world,with 147,000 mobile fishing boats in 2019.Due to the large scale of China’s marine fishing industry,China’s fishery subsidies are inevitably highly concerned by the international community.This paper sorts out the important issues related to IUU fishing subsidy ban in WTO fishery negotiations,analyzes and discusses the relevant viewpoints or proposals of the negotiating parties,and puts forward relevant suggestions for the negotiation and implementation of IUU fishing subsidy ban in China,so as to firmly safeguard China’s status as a developing country.In addition,it is suggested that China should firmly maintain its status as a developing country,further strengthen the elimination of subsidies for IUU fishing activities,amend the Fisheries Law as soon as possible to improve the provisions against IUU fishing,and join the Agreement on Port State Measures as soon as possible.Fisheries subsidy negotiation is the first negotiation on sustainable development in WTO,and it is also the multilateral rule negotiation under WTO.Undoubtedly,a practical fishery subsidy agreement will make an important contribution to the realization of the 2030 sustainable development agenda and help the global fishery develop in a more sustainable direction.However,although all the members are highly consistent in the objectives of the negotiations,in view of the fact that there are still many differences on the specific issues involved in fishery subsidy discipline and the impact of COVID-19 epidemic,it is still unknown when a universally acceptable agreement can be reached.The complexity of global fishery structure and the differences in fishery production mode,productivity level,management system and management ability among countries are the key factors hindering the achievement of fishery subsidy discipline.IUU fishing subsidy ban is easier to reach a consensus than overcapacity and overfishing subsidy ban,but there are also many differences and uncertainties on the issues analyzed in this paper.The conclusion of the ban must be based on the pragmatic spirit and mutual understanding of the negotiating parties,and the actual differences between fisheries and members’ respective management systems and capabilities must be treated objectively and carefully.However,no matter what the final ban is,it will provide a new and powerful measure for global governance of IUU fishing.