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International Fisheries Law Aspects of the Negotiations in the World Trade Organization for an Agreement on Rules of Origin

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  • This paper begins by outlining the history of the Rules of Origin negotiations in the World Trade Organization (WTO), unfinished business from the Uruguay Round that is separate from the current Doha Round. The treatment of products of the sea is one of a large number of unresolved issues; progress on settling these has been so slow that the goal of an agreement harmonizing rules of origin may never be reached. After sketching the treatment of uncontentious parts of the text on fish, the paper turns to the focus of controversy for the last several years: the origin to be ascribed to fish taken from the exclusive economic zone (EEZ). Participants' positions are polarized between two views recalling the great divide between coastal States and distant-water fishing States before the EEZ’s advent in the 1970s. To an extent no longer seen in debates within international fisheries commissions, one camp is seemingly oblivious to the developments of the past 50 years in international fisheries law, while the other adheres rigidly to a position elevating origin to the status of one of the coastal State’s sovereign rights over resources in the EEZ, even though practical considerations make such a purist rule unworkable. While the basic conclusion is that the rules of origin issue does not lend itself to use as a proxy vehicle for advancing legal and policy interests in relation to international fisheries, a compromise solution is offered that may enhance the authority of international fisheries commissions in managing their species.
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  • Serdy, Andrew. 2006. International Fisheries Law Aspects of the Negotiations in the World Trade Organization for an Agreement on Rules of Origin. In: Proceedings of the Thirteenth Biennial Conference of the International Institute of Fisheries Economics & Trade, July 11-14, 2006, Portsmouth, UK: Rebuilding Fisheries in an Uncertain Environment. Compiled by Ann L. Shriver. International Institute of Fisheries Economics & Trade, Corvallis, Oregon, USA, 2006. CD ROM. ISBN 0-9763432-3-1
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  • The National Oceanic & Atmospheric Administration Marine Fisheries Service, United States Department of Commerce (NOAA Fisheries); United Kingdom Department for Environment, Food and Rural Affairs (DEFRA); The United States Agency for International Development supported Aquaculture Collaborative Research and Support Program (ACRSP).
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