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Fisheries Subsidies Under International Law
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Book Synopsis Fisheries Subsidies under International Law by : Chen-Ju Chen
Download or read book Fisheries Subsidies under International Law written by Chen-Ju Chen and published by Springer Science & Business Media. This book was released on 2010-09-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Subsidies in World Fisheries by : Matteo Milazzo
Download or read book Subsidies in World Fisheries written by Matteo Milazzo and published by World Bank Publications. This book was released on 1998-01-01 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Fisheries Subsidies to Energy Reform Under International Law by : Markus W. Gehring
Download or read book From Fisheries Subsidies to Energy Reform Under International Law written by Markus W. Gehring and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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." --
Book Synopsis Fragmentation Or Interaction by : Margaret A. Young
Download or read book Fragmentation Or Interaction written by Margaret A. Young and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The WTO Law of Subsidies by : Marc Benitah
Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fossil Fuel Subsidy Reform by : Vernon JC Rive
Download or read book Fossil Fuel Subsidy Reform written by Vernon JC Rive and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Fisheries Subsidies to Energy Reform Under International Trade Law by :
Download or read book From Fisheries Subsidies to Energy Reform Under International Trade Law written by and published by . This book was released on 2018 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fisheries Subsidies, Sustainable Development and the WTO by : Anja von Moltke
Download or read book Fisheries Subsidies, Sustainable Development and the WTO written by Anja von Moltke and published by Routledge. This book was released on 2014-10-14 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Book Synopsis Trading Fish, Saving Fish by : Margaret A. Young
Download or read book Trading Fish, Saving Fish written by Margaret A. Young and published by Cambridge University Press. This book was released on 2011-04-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Clash of Powers by : Kristen Hopewell
Download or read book Clash of Powers written by Kristen Hopewell and published by Cambridge University Press. This book was released on 2020-10-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the first analyses of the impact of US-China rivalry on the governance of global trade.
Book Synopsis Guide for Identifying, Assessing and Reporting on Subsidies in the Fisheries Sector by : Lena Westlund
Download or read book Guide for Identifying, Assessing and Reporting on Subsidies in the Fisheries Sector written by Lena Westlund and published by Food & Agriculture Org.. This book was released on 2004 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains detailed and practical guidance for fisheries professionals on identification, assessment and reporting of subsidies in the fisheries sector, covering the following topics: planning and preparation for a fishery subsidies study; definitions and categories of subsidies; assessment methods and measurement factors; comparative analysis; costs and earnings analyses, taking into account the impact on industry profits; and reporting issues.
Book Synopsis Options for the Legal Form of a WTO Agreement on Fisheries Subsidies by : Lorand Bartels
Download or read book Options for the Legal Form of a WTO Agreement on Fisheries Subsidies written by Lorand Bartels and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introducing Fisheries Subsidies by : William E. Schrank
Download or read book Introducing Fisheries Subsidies written by William E. Schrank and published by Fao. This book was released on 2003 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing fisheries subsidies explains why fishery subsidies are of concern, discusses alternatives to subsidies, explains why they are implemented and briefly considers the difficulties caused by their existence. The discussion then sharpens the focus to analyse a number of relevant topics. The final chapter considers current discussions on how the international community might be able to impose sufficient discipline to bring the subsidies that stimulate overfishing under control. There follows a more technical discussion of the linkage between fishery subsidies and their effects on sustainability and trade.
Book Synopsis Energy Transitions and Trade Law by : Margaret A. Young
Download or read book Energy Transitions and Trade Law written by Margaret A. Young and published by . This book was released on 2017 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fossil fuel subsidies, like subsidies to the fishing sector, lead to trade-distorting and ecologically harmful practices. The US$35 billion in subsidies provided by countries every year to the fishing sector leads to more and more boats being built, even as 90% of fish stocks are either fully exploited or overfished. An estimated US$444 billion in subsidies are provided annually for the production of fossil fuels by G20 countries, even as evidence emerges that oil, gas and coal reserves must remain unexploited to limit global warming increases to 2° Celsius. Of course, each country has its own development priorities, livelihood concerns and need for food and energy security. Agreeing upon subsidy reform is a complex undertaking that requires the assessment of social, political and historical considerations, as well as the involvement of international and transnational legal regimes that govern climate change, energy, fisheries and trade. This article reviews proposals for reform within the World Trade Organization and regional trade agreements, including the new disciplines on fisheries subsidies that were endorsed in the text of the Trans-Pacific Partnership. Although the latter agreement is unlikely to enter into force, consensus is emerging on the need to prohibit subsidies that contribute to overfishing or that are linked to illegal, unreported or unregulated fishing. The article shows how these legal developments might inform attempts to limit fossil fuel production and consumption subsidies. It highlights the need for learning and open deliberation about subsidy reform by affected stakeholders, including representatives from international organisations and civil society. It also points to new arrangements that link compliance with subsidy rules to standards and benchmarks from fisheries regimes, and demonstrates how such inter-regime connections are legitimate in the context of the fragmentation of international law. While reform to fisheries subsidies is still preliminary and fraught, there are useful lessons for the equally important project of energy transitions.
Book Synopsis The Changing International Law of High Seas Fisheries by : Francisco Orrego Vicuña
Download or read book The Changing International Law of High Seas Fisheries written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 1999-03-04 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal, economic and environmental developments including recent state and international practice.
Book Synopsis Sustainability Criteria for Fisheries Subsidies by : David K. Schorr
Download or read book Sustainability Criteria for Fisheries Subsidies written by David K. Schorr and published by UNEP/Earthprint. This book was released on 2007 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fishing Power Europe by : Mihail Vatsov
Download or read book Fishing Power Europe written by Mihail Vatsov and published by Springer Nature. This book was released on 2023-01-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
