International trade disputes related to fish products and Agreement on Fisheries Subsidies: Key regulatory issues and litigation outlook

Abstract

Fish-related trade disputes dealt with by the World Trade Organization (WTO) arise from the complexity of the fisheries industry, and the transboundary nature of fish, combined with differing national policies and interests. The Agreement on Fisheries Subsidies (AFS) aims to strengthen the role of the WTO in regulating the fish trade and curbing unsustainable fishing practices such as illegal fishing, overcapacity, and overfishing by limiting excessive fisheries subsidies. This article reveals the legal framework of the WTO to regulate the fish trade and resolve trade disputes and outlines the prospects for fish trade in light of the Agreement on Fisheries Subsidies (AFS). It has been established that general principles, quantitative restrictions, and anti-dumping measures, rather than subsidies, are the most common legal issues in trade disputes on fish products. Technical trade barriers, sanitary and phytosanitary measures, and general national exemptions are also frequent sources of disputes in the fish trade. These measures, designed for safety, health, and environmental reasons, are increasingly used for protectionist purposes by creating trade barriers. The AFS expands the legal framework for resolving trade disputes in the field of fish trade after its ratification. However, this recent international regulation combined with climate change and tightening food standards, is expected to lead to more disputes with developing countries over the fish trade.