Research On Legal Issues Of Fisheries Subsidies For IUU Fishing Under The Framework Of WTO

The 12th Ministerial Conference,which was postponed many times due to the COVID-19,took the issue of fishery subsidies as one of the key goals to promote reform,especially for the IUU fishery subsidies,which is bound to reach a phased agreement under the WTO framework.As the deadline for "solving IUU fishing problems by 2020" established by the Sustainable Development Goals has expired,it is necessary to find appropriate ways and solutions for IUU fishery subsidy discipline as soon as possible.According to the progress,results and trends of fisheries negotiations,member states believe that it is feasible and effective to solve the IUU fishery subsidy issue under the WTO framework.In this regard,this paper mainly sorts out the various issues,reasons,legal norms and differences in the negotiations involved in the current IUU fishery subsidies,and at the same time puts forward suggestions on how to effectively solve the IUU fishery subsidies under the WTO framework.Firstly,this thesis starts with the current situation of IUU fishing,and clarifies the serious harm of IUU fishery subsidies,the definition of the concept and the scope of discussion,and provides a reference for the appropriate definition of IUU fishery subsidies under the WTO framework,and the appropriate identification agencies.Secondly,summarize and sort out the current important international fishery law rules related to IUU fishery subsidies,including the principled international legal norms of the United Nations Convention on the Law of the Sea,or the multilateral or unilateral trade regulations measures,such as the Agreement on Port State Measures.This thesis also focuses on the subsidy substantive law rules under the WTO framework,focusing on the combination with special and differential treatment clauses and notification systems,exploring the practicability of the "SCM Agreement" for IUU fishery subsidies,and summarizing its specifications,content and practice.This thesis analyzes the current difficulties in identifying IUU behaviors,disputes over the way of implementation,and flaws in reporting data,and analyzes the procedures and implementation of the WTO dispute settlement mechanism in resolving IUU fishery subsidies from the perspectives of jurisdiction,interpretation methods,legal application,and the particularity of fishery resources.The problem you are facing,and the root cause of the problem.Then,the fishery subsidy negotiation process starting from the Doha Round is summarized in chronological order,and the views and positions of each member are summarized for the proposals related to the IUU fishery subsidy negotiation,including prohibitive subsidies,special and differential treatment,notification system The differences between the two countries predict the trend of fisheries subsidy negotiations.Through the analysis of dispute resolution cases related to IUU fishery subsidies and the attitude of adjudication institutions to such cases,the feasible paths for improving IUU fishery subsidies are summarized,including the interpretation of the "specificity" of subsidies,and the interpretation of IUU subsidies.Include the consideration and scope of prohibited subsidies,improve the notification system and related enforcement mechanisms,and the application of special and differential treatment provisions on this issue.Finally,according to the negotiation process and the current practice of my country’s fishery subsidies,it puts forward the position that my country’s IUU fishery subsidies should take under the WTO framework,and puts forward some suggestions for the reform of my country’s subsidy structure.