Fisheries Subsidies under International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Fisheries Subsidies under International Law PDF full book. Access full book title Fisheries Subsidies under International Law by Chen-Ju Chen. Download full books in PDF and EPUB format.
Author: Chen-Ju Chen Publisher: Springer Science & Business Media ISBN: 3642156932 Category : Law Languages : en Pages : 273
Book Description
Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.
Author: Chen-Ju Chen Publisher: Springer Science & Business Media ISBN: 3642156932 Category : Law Languages : en Pages : 273
Book Description
Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.
Author: Matteo Milazzo Publisher: World Bank Publications ISBN: 9780821342169 Category : Technology & Engineering Languages : en Pages : 102
Book Description
In the past six years, the world's fishery sector has reached a turning point with global fish production reaching a plateau of approximately 100 million tons annually. While aquaculture output continued to grow, yields from capture fisheries were uneven and showed increasing signs of stagnation because of widespread overfishing and overcapitalization, ineffective management, deteriorating resource health, declining or flat global harvests, and inefficient economic and trade policies. This paper examines the role of subsidies in fisheries.
Author: Marc Benitah Publisher: Kluwer Law International B.V. ISBN: 9403503343 Category : Law Languages : en Pages : 728
Book Description
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.
Author: Markus W. Gehring Publisher: ISBN: Category : Fisheries Languages : en Pages :
Book Description
"This paper argues that World Trade Organization (WTO) fisheries subsidies negotiations should be a priority area for those practitioners and researchers building links between trade and climate law. It is submitted that successful fisheries subsidies reform will directly contribute to the implementation of the Paris Agreement and to the delivery of Sustainable Development Goal (SDG) 13 ("Take urgent action to combat climate change and its impacts"), given the important synergies that exist between the transformation of fisheries subsidies and climate mitigation and adaptation. Furthermore, fisheries subsidies negotiations are of crucial importance for international climate law because they can provide a case study to learn from and increase chances of success with fossil fuel subsidy reform. This paper provides a brief historical overview of trade law negotiations aiming to reduce and reform fisheries subsidies, and shows the important synergies that exist between reforming fisheries subsidies and implementing the Paris Agreement as well as the SDGs. The paper then extracts five drivers for success that can be observed from the current process of fisheries subsidies reform: leadership of key countries and of the WTO Secretariat itself; meticulous academic, scientific and policy background analysis; commitment by civil society and the private sector; the development of alternatives to those subsidies that encourage overfishing; and inter-regime learning. Lastly, the paper discusses the transferability of these drivers for success to prevent climate harms and to address more general challenges encountered in both the climate and trade regimes." --
Author: Margaret A. Young Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Subsidies to the fishing sector have trade and ecological consequences, especially for fisheries that are over-exploited. In response, WTO members are negotiating to clarify and improve the Agreement on Subsidies and Countervailing Measures. Yet significant legal challenges constrain this ongoing effort because fisheries conservation and management matters are often addressed by the United Nations Convention on the Law of the Sea, instruments of the Food and Agriculture Organization, and other legal regimes to which some WTO members have not consented. This article analyses modes of learning and information-exchange within the WTO regime, and compares the proposed use of standards, benchmarks, and peer review in the draft fisheries subsidies rules with existing arrangements between the WTO and organization such as the OECD and product standard-setting bodies. It argues that novel deliberative strategies of regime interaction are more important in resolving the challenges posed by international law's fragmentation than adherence to strict mandates or legal hierarchies.
Author: Vernon JC Rive Publisher: Edward Elgar Publishing ISBN: 1785360892 Category : Languages : en Pages : 320
Book Description
This much-needed book provides an empirically-grounded, and theoretically informed account of international law sources, mechanisms, initiatives and institutions which address and affect the practice of subsidising fossil fuel consumption and production. Drawing on recent scholarship on emerging international governance mechanisms, ‘informal’ international law-making and regime interaction, it offers suggestions, and critiques suggestions of others, for how the international law framework could be employed more effectively and appropriately to respond to environmentally and fiscally harmful fossil fuel subsidies.
Author: Anja von Moltke Publisher: Routledge ISBN: 1136530185 Category : Nature Languages : en Pages : 482
Book Description
The fisheries sector is in crisis. Inappropriate subsidies to the fishing industry are a key factor responsible for worldwide fisheries depletion, overcapitalization and ecosystem degradation. There is an urgent need for an international mechanism to promote the appropriate restructuring of fisheries subsidies in order to create a more sustainable industry. In recent years the leading international forum charged with providing such a mechanism has been the World Trade Organization (WTO).This book explains why and how the reform of fisheries subsidies has become one of the most concrete and potentially successful international efforts to achieve global environmental, economic and developmental policy coherence. It describes the history and current status of the discussions at the WTO, drawing on UNEP's key documents and reflecting on the major issues. Accompanying the book are downloadable resources containing full-text versions of the most important source material used in the publication. The book is aimed at a broad stakeholder audience, including policymakers in the fields of trade, fisheries, environmental economics and international environmental governance, as well as academics and others looking for an overview of the fisheries subsidies issue and an introduction to its technical components.Published with the United Nations Environment Programme (UNEP)
Author: Margaret A. Young Publisher: Cambridge University Press ISBN: 1139500457 Category : Law Languages : en Pages : 407
Book Description
Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.
Author: Chen-Ju Chen
Author: Chen-Ju Chen
Author: Matteo Milazzo
Author: Marc Benitah
Author: Markus W. Gehring
Author: Margaret A. Young
Author: Kristen Hopewell
Author: Vernon JC Rive
Author: 
Author: Anja von Moltke
Author: Margaret A. Young