Abstract
In light of the growing impetus to integrate sustainability issues into the World Trade Organisation (WTO), facilitating coordination between the trade and sustainability regimes has taken centre stage. Managing regime interaction was integral to negotiating the Agreement on Fisheries Subsidies (AFS), the WTO’s first sustainability agreement. As the outstanding element of the AFS, the overcapacity and overfishing (OCOF) pillar also aims to foster harmony between the principles and concepts of international environmental law, particularly fisheries law and international trade law. Notable in this regard are the principles of sustainable development and common but differentiated responsibilities and respective capabilities. Also relevant are the rights and duties of states with respect to fisheries management, the role of regional fisheries management organisations, and the competence of the WTO to assess the effectiveness of Members’ fisheries management systems. The central objective of this paper is to analyse India's approach to managing regime interaction under the OCOF pillar. It does so by comparing India’s textual proposal for the OCOF subsidy disciplines with the draft text tabled by the WTO Chair on fisheries subsidies. By so doing, the paper aims to provide fresh insights into the reasoning behind India’s seemingly radical stance in the OCOF subsidy negotiations.
Recommended Citation
Arora, Pallavi; Gondane, Ketakee; and Gaurdwaj, Mumrita
(2023)
"Regulating Subsidies Contributing to Overcapacity and Overfishing: How India Proposes to Align Trade Policy with Sustainable Fisheries,"
Indian Journal of International Economic Law: Vol. 14, Article 11.
DOI: 10.55496/UYVH5176
Available at:
https://repository.nls.ac.in/ijiel/vol14/iss1/11
Digital Object Identifier (DOI)
10.55496/UYVH5176