初探WTO架構下第一個關於海洋永續的多邊貿易協定──《漁業補貼協定》

A Preliminary Study on the First Multilateral Trade Agreement Regarding the Ocean Sustainability under the WTO─Fisheries Subsidies Agreement

從2001年世界貿易組織杜哈回合談判開始，漁業補貼談判在歷經超過20年的努力下，於2022年6月第十二屆部長級會議延長會期時，達成共識，通過《漁業補貼協定》。協定之核心在於禁止涉及導致IUU捕魚之補貼和涉及「已過漁」魚種之補貼，雖亦為開發中國家會員包含低度開發國家會員之考量，提供過渡期和建立援助機制，並有相關執行機制和爭端解決機制之設計。但仍有眾多議題尚待持續談判，包含禁止導致過度漁撈能力和過漁之補貼，甚至對於國際漁業管理機制回應有限，和環境永續仍有一大段距離。以短期來說，協定仍待獲得足夠會員接受，才能生效；以長期來說，尚須在協定所定期限內持續談判，否則將因終止條款，導致功虧一簣。

Initiated in the 2001 WTO Doha Round Negotiations, the fisheries subsidies negotiations with over twenty-year efforts came to a consensus in the extended 12th Ministerial Conference in June, 2022. Adopted was the Fisheries Subsidies Agreement. The core provisions of this Agreement are to prohibit subsidies to illegel, unreported and unregulated fishing as well as subsidies to fishing on overfished stocks. Also included are the considerations for developing country Members including least-developed country Members via the Special and Differential Treatment provisions to provide a transition period and to establish an assistance mechanism. To better implement this Agreement, the enforcement mechanism as well as the dispute settlement mechanism are also provided. Yet, some issues have not been resolved, including to prohibit subsidies that contributed to overcapacity and overfishing. As this Agreement responses to the international fisheries management mechanism to a very limited extent, to reach the environmental sustainability there is still a long way to go. In the short term, for this Agreement to enter into force, two-thirds of Members have to deposit their instruments of acceptance. In the long term, to conclude the further negotiations for the unresolved issues and to adopt the comprehensive disciplines before the deadline set by the Agreement are necessary. Otherwise, the termination provision may make the efforts over the past decades in vain.