Orellana, Marcos A. (2008) Towards sustainable fisheries access agreements: Issues and options at the World Trade Organisation. United Nations Environment Programme (UNEP), Geneva.
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Based on a legal analysis of the WTO Agreement on Subsidies and Countervailing Measures (ASCM) and relevant jurisprudence, the paper comes to the conclusion that access agreements per se do not breach any rules of the ASCM. However, certain fisheries enabled by access agreements may fall within the agreement’s disciplines, subject to confirmation through a case-by-case analysis. Examining the ASCM provisions in detail, the paper finds that a “financial contribution” – as per the ASCM definition of a subsidy – exists where a DWFN provides its fleet with access rights to fish in a foreign EEZ. Such financial contribution “confers a benefit” – the second element of the ASCM subsidy definition – where the DWFN fails to receive sufficient payment in exchange for the right to fish that it provides to its fleet. Different methods, depending on the particular case, may be used to determine a “sufficient payment” (the numerical value of a benefit). The benchmark would be constructed on the basis of prevailing market conditions in the country of provision (mainly prices), on the basis of production costs or taking into account world markets. Based on this analysis, the paper presents concrete textual suggestions for improving the ASCM with regards to “access-related” fisheries subsidies. Suggested options range from improving the definition of subsidies to introducing criteria-conditioned exceptions for developing countries and strengthening transparency requirements of access agreements. With regard to ongoing WTO negotiations, the paper argues that a clarification on “access-related” subsidies within reformed fisheries subsidies disciplines would establish a solid basis for dealing with a key element of international fisheries policy and avoid potential litigation at a later stage. It would also provide the opportunity to establish conditions to ensure that access agreements enhance and not undermine the sustainable development of small island and coastal developing countries.
| Item Type: | Documents |
|---|---|
| Keywords: | Sustainable Fisheries, Access Agreements, World Trade Organisation (WTO), Fisheries Subsidies, Distant Water Fishing Nation (DWFN), Fishing Fleet, Access Rights, Exclusive Economic Zones (EEZ), Markets, Fish Production, Developing Countries, Fisheries Policy, Sustainable Development, Small Island Developing States (SIDS), UNEP |
| Subjects: | Fisheries Trade |
| Depositing User: | Jeeva ICSF Rajan |
| Date Deposited: | 08 Jun 2022 07:20 |
| Last Modified: | 08 Jun 2022 07:21 |
| URI: | http://icsfarchives.net/id/eprint/17011 |
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