Fisheries Conservation and Trade Rules

This report by the Center for International Environmental Law (CIEL) and Greenpeace analyzes the tensions between international trade rules, primarily those of the World Trade Organization (WTO), and the conservation of global fisheries. It argues that current trade interpretations often hinder sustainable fisheries management by prohibiting regulations based on production and processing methods (PPMs). The authors propose a framework to integrate the precautionary approach into trade law, eliminate destructive subsidies, and ensure that investment liberalization does not undermine the ability of states to protect marine resources and traditional fishing communities.

• The global fisheries sector is in crisis, with approximately two-thirds of marine fisheries exploited at or beyond sustainable production capacity, and exports accounting for about 40% of the total catch by weight.
• A primary conflict between trade law and conservation is the WTO's general prohibition on regulations based on non-product related criteria, specifically production and processing methods (PPMs), which are essential for implementing sustainable fisheries principles.
• The report recommends that Article XX of the GATT 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 technical assistance to developing countries.
• Trade measures implemented through Multilateral Environmental Agreements (MEAs) or Regional Fisheries Management Organizations (RFMOs) should be presumed to qualify for protection under GATT Article XX because they are negotiated multilaterally and based on science.
• Government subsidies are identified as a major cause of fisheries overexploitation by promoting overcapacity and inefficient fishing; the report suggests using the WTO Subsidies Agreement to eliminate these destructive practices.
• The report highlights a specific issue where the European Union (EU) provides subsidies by paying a large portion of access fees for its vessels to fish in the Exclusive Economic Zones (EEZs) of African countries, which may constitute actionable subsidies under WTO rules.
• Proposed investment liberalization rules, such as those in the OECD's Multilateral Agreement on Investment (MAI), could threaten conservation by limiting a country's power to restrict fishery access to nationals or requiring compensation for regulatory changes to fishing permits.
• Ecolabeling is viewed as a low-coercion market incentive for conservation, but it risks conflict with the TBT Agreement; the authors argue for international cooperation to develop standards that avoid protectionism and support developing country producers.
• The report warns that the WTO's narrow interpretation of the precautionary approach—often requiring high levels of scientific certainty before allowing trade restrictions—conflicts with the needs of environmental regulation.
• Regarding biosafety, the report opposes the inclusion of 'savings clauses' in the Convention on Biological Diversity's biosafety protocol that would prioritize WTO/SPS Agreement rights over the protocol's precautionary environmental goals.

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} }