Published on the 2 July 2022, this article discusses the need to integrate human rights considerations into the implementation of the WTO Agreement on Fisheries Subsidies (AFS). The article argues that the current AFS text, which largely focuses on the prohibition of subsidies that contribute to overfishing and overcapacity, does not adequately address the human rights implications of fisheries subsidies, particularly for small-scale fishers in non-LDC developing countries. The article suggests that due regard to the specific needs of small-scale fishers, together with consideration of the human rights-fisheries subsidies connection, may reappear in the AFS text in the context of negotiations on overcapacity and overfishing. The article also suggests that the WTO should grant leeway to capacity-building subsidies that benefit human rights realization, such as enabling members to continue providing capacity-enhancing subsidies that improve economic, social, and labor rights realization, so long as the subsidies do not deleteriously impact biological sustainability. Overall, the article highlights the need to integrate human rights considerations into the implementation of the AFS to ensure that fisheries subsidies do not have negative impacts on the human rights of small-scale fishers in non-LDC developing countries.
Citations: Switzer S, Morgera E, and Webster E. “Casting the net wider? The transformative potential of integrating human rights into the implementation of the WTO Agreement on Fisheries Subsidies.” Review of European, Comparative & International Environmental Law Vol 31:3