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WTO하에서의 수산보조금 규제 : The WTO Disciplines of Fisheries Subsidie

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Authors

장승화

Issue Date
2002
Publisher
서울대학교 법학연구소
Citation
법학, Vol.43 No.2, pp. 79-117
Keywords
수산보조금(fisheries subsidies)물고기친구들(Fish Friends)도하개발 어젠다면세유와 영어자금
Abstract
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 Friendsgroup 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.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/9099
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