WTO《渔业补贴协定》背景下IUU捕捞认定的国内立法比较研究OA

The Fisheries Subsidies Agreement(AFS)adopted by the World Trade Organization in 2021 introduced a ban on subsidies for"illegal,unreported and unregulated fishing"(hereinafter referred to as"IUU fishing").Meanwhile,the definition of IUU fishing in the"International Plan of Action for the Prevention,Suppression and Elimination of Illegal,Unreported and Unregulated Fishing"of the Food and Agriculture Organization of the United Nations was cited in the form of footnotes.In the absence of a clear definition of IUU fishing in international treaties,the domestic legislation of the contracting parties needs to ensure that the recognition rules are consistent with the Agreement,which is the basis for ensuring the effective and fair implementation of the ban.This article compares the provisions on the definition and determination procedures of IUU fishing in the domestic laws of 10 major fisheries and subsidy providers to assess their ability to enforce the ban.The research found that in terms of the definition of IUU fishing,the European Union and Thailand directly adopted the same definition as that in the footnotes of the Agreement.The domestic laws of South Korea,the United States,China,Chile,Mexico,Norway and Japan have a definition of IUU fishing that is basically the same in content as that in the footnotes of the Agreement.However,the scope of IUU fishing stipulated in the domestic laws of India is significantly smaller than that in the footnotes of the Agreement.In terms of the determination procedure,only the European Union has provisions similar to the"Agreement".The binding force of the IUU fishing definition explained by footnotes in the Agreement on the contracting parties remains to be tested in practice.Each contracting party should further improve domestic legislation to promote the effective implementation of the IUU fishing subsidy ban under the Agreement.For China,it is necessary to integrate decentralized provisions,improve legislation and better fulfill international obligations.