Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies

The document examines the challenges in establishing a WTO prohibition on IUU fishing subsidies, focusing on three key areas: the definition of IUU fishing, the entities authorized to determine such fishing, and the procedural conditions governing those determinations. It highlights the tension between the WTO's trade-focused mandate and the sustainability goals of fisheries management, arguing for a process-based review system to ensure procedural fairness without requiring the WTO to manage fisheries resources directly.

• There is a growing consensus among WTO Members to use the description of IUU fishing found in Paragraph 3 of the FAO's International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, though there are disagreements over whether this reference should be 'static' or 'dynamic'.
• Negotiators are debating five potential entities authorized to determine IUU fishing: the flag state, the subsidizing WTO Member, the coastal state, Regional Fisheries Management Organizations (RFMOs), and the FAO, with a more recent proposal to include port states.
• A majority of WTO Members prefer a model where the WTO enforces common procedural conditions—such as due process, transparency, and non-discrimination—rather than reviewing the substantive merits of an IUU fishing determination.
• The document argues that including limitations on the prohibition—such as requiring a 'serious violation' or a minimum subsidy duration—could undermine the agreement's effectiveness and force WTO panels to engage in detailed reviews of fisheries conservation and management.
• The objective of the WTO negotiations is to use trade disciplines as a tool to support the enforcement of existing international law obligations, such as those under the United Nations Convention on the Law of the Sea (UNCLOS), to prevent and eliminate IUU fishing.

APA

Van Damme, I. (2020). Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf

Chicago

Van Damme, Isabelle. Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies. International Institute for Sustainable Development, 2020. https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf.

Wikipedia

{{cite report |last1=Van Damme |first1=Isabelle |title=Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies |publisher=International Institute for Sustainable Development |date=February 2020 |url=https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{vandamme2020reflections, author = {Van Damme, Isabelle}, title = {{Reflections on the WTO Negotiations on Prohibiting IUU Fishing Subsidies}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = feb, url = {https://www.iisd.org/system/files/publications/wto-negotiations-prohibiting-fishing-subsidies.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }