A New wto Protocol on Fisheries Subsidies: Potential Implications for the South China Sea Disputes

Abstract

For close to two decades, wto member countries have discussed the possibility of disciplining the practice of subsidizing fishing activities. Concrete progress has been made as there is now a consensus on eliminating certain forms of fisheries subsidies that contribute towards overcapacity, overfishing and illegal unreported and unregulated fishing. In June 2022, at the end of 12th Ministerial Conference in Geneva, Switzerland, the Agreement on Fisheries Subsidies (afs) was finally adopted. Against this backdrop, this paper will attempt to investigate the role that the afs might play in arresting the collapse of global fish stocks. Part i provides a brief background on the state of global fisheries and the role of subsidies in their depletion. Part ii discusses the key features of and contentious issues in the afs. Finally, Part iii considers the potential implications of the afs on disputed waters such as the South China Sea.