CAPÍTULO II: MARCO TEÓRICO
2.1. Bases teóricas relacionadas con el tema
2.1.2. HSDPA
2.1.2.2. Principio de HSDPA
ministers meeting at the Fourth Ministerial Conference of the World Trade Organization, in Doha, Qatar, agreed to include fishing subsidies on the list of issues to be addressed in the context of the current round of global trade talks. Specifically, the “Doha Declaration” commits WTO members to “clarify and improve” WTO disciplines on fishing subsidies. (See
Appendix 3 for relevant excerpts from the Doha Declaration.)
I.F.1
The mandate calls for specific treatment of fishing subsidies.
Although the Doha mandate does not dictate the form that improved disciplines on fishing subsidies should take, it clearly requires specific and explicit attention to fishing subsidies within the WTO rule system.Background and General Context
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I.E.1–I.F.1
79.Some observers have commented, however, that even the EU’s reformed approach may contribute to increased capacity and effort through continued subsidies for vessel modernization. See IEEP (2002a, 4–5).
80.For an analysis of subsidies reform within the CFP, see IEEP (2002a). For an excellent series of short papers on the CFP reform generally, see IEEP’s Web site (www.ieep.org.uk). For information on WWF’s work on CFP reform, see WWF (2004b).
I.F.2
The mandate is oriented toward a win-win-win outcome.
(a) The issue has had a win-win-win orientation at the WTO from the start.The governments that have acted as demandeurson the fishing subsidies issue (known in WTO circles as the “Friends of Fish”82) have made plain from the outset that
they are seeking a result that directly contributes to the sustainable management of fisheries resources.83Similarly, their attention to developing-country concerns has
been explicit,84not least because several are themselves developing countries.
(b) The Doha declaration clearly calls for achieving the WTO’s first true win-win- win outcome.There is little room to doubt that trade ministers placed fishing subsidies on the Doha agenda with a win-win-win orientation. The “development” leg of the win-win-win triad is evident in ¶ 28’s explicit reference to the importance of the fisheries sector to developing countries. The “environment” leg is evident in the unique mutual cross-references in ¶¶ 28 and 31.
I.F.3
World leaders have called on WTO members to deliver a win-win-win result.
The importance of delivering a win-win-win at the WTO on fishing subsidies has been broadly recognized by governments and international officials. Most authoritatively: •• WWSSSSDD:: On September 4, 2002, heads of state and other leaders meeting at the WorldSummit on Sustainable Development in Johannesburg, South Africa, identified eight key actions to achieve sustainable fisheries. One of the eight was to
Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to over-capacity, while completing the efforts undertaken at the World Trade Organization to clarify and improve its disciplines on fisheries subsidies, taking into account the importance of this sector to developing countries.85
It is worth noting that the WSSD also called (in a separate paragraph) for the urgent implementation of the FAO IPOAs on Capacity and IUU Fishing.86This makes quite
clear that global leaders did not consider the FAO a more appropriate forum than the WTO to tackle fishing subsidies. Rather, they saw successful completion of the Doha mandate on fishing subsidies as a necessary complement to action in the FAO. • UN General Assembly:In a resolution adopted in February 2003, the UN General
Assembly called on states to eliminate subsidies leading to fishing overcapacity and IUU fishing, and to complete the fishing subsidies negotiations in accordance with the Doha mandate.87
82.The composition of the informal “Friends of Fish” group has varied somewhat over time, but has always included the following core members: Argentina, Australia, Chile, Iceland, New Zealand, Peru, the Philippines, and the United States.
83.See, e.g., WT/CTE/W/51 (U.S., May 19, 1997); WT/CTE/W/52 (New Zealand, May 21, 1997); WT/CTE/W/103 (Iceland, January 25, 1999); WT/GC/W/303 (Australia, Iceland, New Zealand, Norway, Peru, the Philippines and the United States, August 6, 1999).
84.see also, e.g., TN/RL/W/77 (U.S. March 19, 2003), fn. 1.
85.WSSD Plan ¶ 31(f).
86.Id., ¶ 31(d).
•G-8: At a summit meeting of G-8 leaders in 2003 in Evian-les-Bains, France, heads of state singled out the Doha mandate on fishing subsidies and reaffirmed their
commitment to it.88
•OECD Ministerial Council:In May 2001, the governing council of the OECD gave priority to the statement that “[f]isheries policies have to address the relation between sustainable management of resources and trade liberalisation, the causes of
unsustainable fishing, and the need to avoid those subsidies that are harmful....”89The
following year, the OECD ministers reaffirmed their commitment to the reduction of environmentally harmful subsidies and to the successful completion of the Doha negotiating agenda, including the strengthening of WTO rules.90
Background and General Context
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88.See G-8 Action Plan (2003, ¶ 1.8) in the International Treaties section of References.
89.OECD Ministers (2001, ¶ 40) in the International Treaties section of References.
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WWF’s Definition of Success