Navigating Through the WTO Agreement on Fisheries Subsidies: Analysis from the Lens of Sustainable Development and Implications on Developing Nations

This report critically examines the World Trade Organization’s Agreement on Fisheries Subsidies (AFS), a landmark global initiative aimed at curbing unsustainable fishing practices, particularly illegal, unreported, and unregulated (IUU) fishing, overfished stocks, and unregulated high seas fishing. While the Agreement marks a significant step toward marine sustainability, it presents complex challenges for developing countries like India, which rely heavily on fisheries for food security, livelihoods, and economic development.
The report traces the evolution of fisheries negotiations from the 12th to the 13th WTO Ministerial Conferences, analyzing the core provisions of Articles 3, 4, and 5. It identifies key ambiguities in the Agreement—such as the undefined scope of “subsidies” and the lack of standardized criteria for assessing overfished stocks—that hinder effective enforcement. Special attention is given to the unique vulnerabilities of developing and least developed countries (LDCs), including limited regulatory capacity, infrastructural deficits, and the socio-economic dependence of traditional fishing communities.
India’s legal and policy landscape is explored through initiatives like the Pradhan Mantri Matsya Sampada Yojana (PMMSY), the National Fisheries Policy 2020, and the Marine Fisheries Bill, 2021, alongside state-level regulations. Despite these efforts, the report highlights the challenges India faces in aligning domestic practices with AFS obligations, particularly in the context of distant-water fishing by developed Members and non-uniform coastal regulations.
The report concludes with two sets of recommendations: first, to reform the Agreement itself by incorporating principles of Common But Differentiated Responsibilities and Special and Differential Treatment; and second, to strengthen India’s domestic legal and policy frameworks to mitigate compliance challenges. These include targeted subsidies for small-scale fishers, stricter oversight of distant-water fleets, and enhanced investment in fisheries infrastructure and monitoring systems. Together, these measures aim to ensure that sustainability goals are met without compromising the developmental needs of vulnerable fishing communities.