Embedding Conditionality in the Special and Differential Treatment in WTO Disciplines on Fisheries Subsidies to Achieve Fishery Sustainability

Abstract The Agreement on Fisheries Subsidies is designed to promote fisheries sustainability by curbing harmful subsidies that contribute to overfishing and overcapacity. However, the current approach to applying unconditional and non-negotiable special and differential treatment provisions in the Agreement is based on a North–South binary division and essentially fails to achieve the United Nations' Sustainable Development Goal 14.6. This article explores the linkage between sustainable development and a conditional right to special and differential treatment, and further presents a conditionality approach to applying appropriate and effective special and differential treatment that necessarily takes into account the diverse needs of different developing countries and better reconciles with economic, environmental, and societal sustainability. A conditionality approach shifts the basis of special and differential treatment from self-claimed ‘developing country’ status to multi-dimensions conditions embedded in the Agreement that can be objectively identified and assessed to achieve fisheries sustainability.