Fisheries Conservation and Trade Rules

The report analyzes conflicts between WTO trade rules and fisheries conservation, particularly regarding production and processing methods (PPMs), subsidies, and investment liberalization. It argues for a broader interpretation of GATT Article XX to protect conservation measures and recommends international cooperation on ecolabeling and the elimination of destructive subsidies to avert a global fisheries crisis.

• A significant conflict exists between trade rules and conservation because WTO interpretations generally forbid the regulation of imported products based on non-product related criteria, specifically production and processing methods (PPMs).
• The authors recommend that GATT Article XX be interpreted to allow PPM-based distinctions if they meet specific criteria, such as being based on internationally recognized standards, involving good faith efforts to reach international agreement, and providing assistance to developing countries.
• Trade measures implemented through Multilateral Environmental Agreements (MEAs) or Regional Fisheries Management Organizations (RFMOs) should be presumed to qualify for Article XX protection because they are negotiated multilaterally and based on science.
• Ecolabeling is identified as a low-coercion market-based incentive for conservation, but it risks conflict with the TBT Agreement; the report suggests developing international criteria to prevent it from becoming a disguised form of protectionism.
• Government subsidies are a primary cause of fisheries overexploitation by promoting overcapacity; the report suggests using the WTO Subsidies Agreement to eliminate destructive subsidies while protecting pro-conservation incentives.
• The proposed Multilateral Agreement on Investment (MAI) could hinder conservation through national treatment obligations, expropriation clauses that might penalize regulatory changes to fishing permits, and bans on performance requirements like technology transfer.
• The report warns that the SPS Agreement's narrow interpretation of scientific evidence may undermine the precautionary approach required for biosafety regulations concerning genetically modified organisms (GMOs) in the marine environment.
• In the European Union, the Common Fisheries Policy (CFP) provides substantial subsidies for fleet renewal and modernization, and the EU often pays the majority of access fees for vessels fishing in African Exclusive Economic Zones (EEZs), which may constitute actionable subsidies.

APA

Downes, D. R., & Van Dyke, B. (n.d.). Fisheries Conservation and Trade Rules. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/fisheriesconservation.pdf

Chicago

Downes, David R., and Brennan Van Dyke. Fisheries Conservation and Trade Rules. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/03/fisheriesconservation.pdf.

Wikipedia

{{cite report |last1=Downes |first1=David R. |last2=Van Dyke |first2=Brennan |title=Fisheries Conservation and Trade Rules |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2015/03/fisheriesconservation.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{downesndfisheries, author = {Downes, David R. and Van Dyke, Brennan}, title = {{Fisheries Conservation and Trade Rules}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/fisheriesconservation.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }