WTO하에서의 수산보조금 규제
The WTO Disciplines of Fisheries Subsidie

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서울대학교 법학연구소
법학, Vol.43 No2 pp.79-117
수산보조금(fisheries subsidies)물고기친구들(Fish Friends)도하개발 어젠다면세유와 영어자금
The fish stock depletion is one of serious environmental problems facing the
mankind. The Doha Ministerial Declaration of 2001 mandates the Members to
negotiate to clarify and improve WTO disciplines of fisheries subsidies in the
context of their negotiations on the Agreement on Subsidies and
Countervailing Measures(ASCM). On the basis of this mandate, the so-called
“Fish Friends” group proposes to establish a sectoral agreement within the
WTO system for effective disciplines of fisheries subsidies. This paper is
aimed at demonstrating why such a proposal is unacceptable under the WTO
system. First, the Fish Friends proposal is inconsistent with the basic
objectives of the WTO, that is, trade liberalization and expansion through
eliminating trade barriers. This is because their proposal is based on an
unexamined assumption that fisheries subsidies have adverse impact on trade.
Also, the Fish Friends approach is beyond the mandate given by the Doha
Ministerial Declaration. An appropriate approach would rather be examining
first whether and to what extent the current ASCM is imperfect or unprepared
to have effective disciplines of trade-distorting fisheries subsidies. This paper
examines this question. Its result indicates that many of Fish Friends concerns
with the current ASCM originate from some misunderstanding of current
provisions of the ASCM. Other problems with the current ASCM are found
not to be unique to fisheries subsidies only. In light of the foregoing, this
paper concludes that the Doha negotiations on fisheries subsidies should be
conducted in its connection with the Members efforts to clarify and improve
the ASCM as a whole, and should refrain from a sectoral approach.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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