The 24 November revision also adds a footnote to Article 5.4(a), which excludes “Members whose annual share of the global volume of marine capture production is at or above 10 per cent” from maintaining subsidies within their exclusive economic zone. This ensures that developing countries making up a large share of global fishing would not receive SDT.

This is a significant step towards fairer rules, recognizing that a country might be “developed” in one sector of trade though it can still be considered “developing” in another.[17] Thus being granted SDT in the context of fisheries only has bearing on these rules, and does not prejudge future negotiations on other issues.

Crucially, technical assistance and capacity building are also included in the latest draft, although in brackets. Developed countries should strongly support these efforts and provide any resources necessary to ensure that the timeframes for implementation can be met by all Members, regardless of development status.

It is true that WTO Members have struggled to conclude multilateral talks. It is also true that the broader crisis facing the organization has hung like a dark cloud over all other efforts. The fisheries talks offer a reason for hope. Negotiators have brought a tremendous energy to these discussions. Perhaps for the first time, this momentum may just get these negotiations across the finish line. Failing to conclude the talks is not likely to kill discussions on fisheries subsidies entirely, but it would be a great disappointment to the membership.

After seventy-six meetings (and counting) in the last two years, WTO Members are the closest they have ever been to getting a deal on fisheries subsidies. No negotiated outcome is ever perfect, not least with so many voices at the table. But that is not the point. The current state of talks reflects a delicate balance of Member interests, and marathon discussions signal that the WTO negotiating function is alive and well. But an agreement is needed. The fate of the organization, and the world’s fish, may depend on it.

[1] - Food and Agriculture Organization of the United Nations, The State of World Fisheries and Aquaculture 2020: Sustainability in Action (Rome: FAO, 2020), https://www.fao.org/3/ca9229en/CA9229EN.pdf. See, “Maximum Sustainable Yield,” FAO Fishery Glossary, FAO Fisheries and Aquaculture Department, last updated 2014, https://www.fao.org/faoterm/viewentry/en/?entryId=98610.

[2] - U. Rashid Sumaila et al., “Updated Estimates and Analysis of Global Fisheries Subsidies,” Marine Policy 109 (2019), https://doi.org/10.1016/j.marpol.2019.103695.

[3] - United Nations, The Sustainable Development Goals Report 2021 (New York, NY: United Nations Publications, 2021), https://unstats.un.org/sdgs/report/2021/The-Sustainable-Development-Goals-Report-2021.pdf.

[4] - World Trade Organization, Negotiating Group on Rules, Fisheries Subsidies, Revised Draft Text: Chairs Explanatory Note Accompanying TN/RL/W/276/REV.2 –Addendum, TN/RL/W/276/Rev.2/Add.1, 8 November 2021, https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/TN/RL/W276R2A1.pdf&Open=True.

[5] - “Revised Fisheries Subsidies Text Kicks Off Intensified Negotiations Ahead of MC12,” World Trade Organization, 8 November 2021, https://www.wto.org/english/news_e/news21_e/fish_08nov21_e.htm.

[6] - World Trade Organization Negotiating Group on Rules, Fisheries Subsidies: Revised Draft Text, TN/RL/W/276/Rev.2, 8 November 2021, https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/TN/RL/W276R2.pdf&Open=True.

[7] - Penelope Ridings, “WTO Fisheries Subsidies Negotiations: Aligning Trade with Sustainability,” Trade Experettes, 21 June 2021, https://www.tradeexperettes.org/blog/articles/wto-fisheries-subsidies-negotiations-aligning-trade-with-sustainability.

[8] - Alice Tipping and Tristan Irschlinger, “WTO Negotiations on Fisheries Subsidies Update: What’s the State of Play,” GSI Policy Brief, International Institute for Sustainable Development, June 2021, https://www.iisd.org/system/files/2021-06/wto-negotiations-fisheries-subsidies-update-state-play.pdf.

[9] - Emma Farge, “WTO Fails to Agree Rules to Stop Over-Fishing, but Will Try Again,” Reuters, 14 December 2020, https://www.reuters.com/article/trade-wto-fish-int/wto-fails-to-agree-rules-to-stop-over-fishing-but-will-try-again-idUSKBN28O1DO.

[10] - Inu Manak, “The U.S. Pushes for Penalties on Failure to Notify at the WTO,” International Economic Law and Policy (blog), WorldTradeLaw.net, 14 November 2017, https://worldtradelaw.typepad.com/ielpblog/2017/11/the-us-pushes-for-penalties-on-failure-to-notify-at-the-wto.html.

[11] - “Members Express Concerns on Lack of Transparency at WTO Subsidies Committee Meeting,” WTO News, World Trade Organization, 27 April 2021, https://www.wto.org/english/news_e/news21_e/scm_27apr21_e.htm.

[12] - Inu Manak and Paul Mertenskötter, “WTO TBT Committee and Regulatory Measures: Prevention, Not Litigation,” World Trade Organization, 2 September 2020, video recording, https://www.wto.org/french/tratop_f/tbt_f/tbt_t40_20920_f.htm.

[13] - Agreement on Fisheries Subsidies, Draft Text, WT/MIN(21)/W/5/Add.1, 24 November 2021, https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/MIN21/W5A1.pdf&Open=True.

[14] - Inu Manak, “Latest Fisheries Draft Addresses US Concerns on Forced Labor,” International Economic Law and Policy (blog), WorldTradeLaw.net, 11 November 2021, https://ielp.worldtradelaw.net/2021/11/latest-fisheries-draft-addresses-us-concerns-on-forced-labor.html.

[15] - James Bacchus and Inu Manak, The Development Dimension: Special and Differential Treatment in Trade (New York, NY: Routledge, February 2021).

[16] - “Fishery Statistical Collections: Global Capture Production,” FAO Fisheries and Aquaculture Division, updated 2021, https://www.fao.org/fishery/statistics/global-capture-production/en.

[17] - Anabel González, “Revisiting ‘Special and Differential Treatment’ in the WTO,” East Asia Forum, 26 March 2019, https://www.eastasiaforum.org/2019/03/26/revisiting-special-and-differential-treatment-in-the-wto/.