DDA 수산보조금 논의 현황에 대한 검토: 법률적 이슈를 중심으로

One of the main topics being discussed at the Doha Development Agenda (“DDA”) negotiations is the possible introduction of the new norms regarding fisheries subsidies. WTO Members have been concerned about the imminent depletion of the fisheries stocks on a global basis as a result of the fishing overcapacity caused by various subsidy programs of Members, so they decided to explore the possibility of introducing new norms to extensively regulate these subsidies. The plan is to introduce a new annex to the current Agreement on Subsidies and Countervailing Measures (“ASCM”) in which detailed provisions will be provided for either to prohibit or penalize fisheries subsidy measures of Members. The negotiations for fisheries subsidies have not been easy as this is also one of the areas where many countries possess significant interests and face domestic opposition. In November 2007, summarizing all negotiations thus far, the Chairman of the Rules Negotiating Group of the WTO circulated his own draft for the fisheries subsidies annex as a part of the new ASCM. Although this draft provided a new momentum to continue the negotiation in the future, there seem to be quite a few problems and questions. Particularly, the chairman’s draft seems to contain structural problems, which need to be addressed sooner rather than later if the current fisheries subsidies negotiation is to achieve the desired goal. Some of the problems include: First, the proposed fisheries subsidies annex will have to take into consideration the basic framework of the ASCM, and the new norms in the fisheries subsidies should conform to or consistent with this existing framework. After all, what is to be introduced is an annex that should not depart from the main text of the ASCM. However, there are many instances where suggestions in the annex do not necessarily fit with the basic framework of the ASCM. Second, the proposed fisheries subsidies annex apparently loses sight of the real problem when it is put in actual operation. For instance, the proposed deadline or the mechanism to solve the disputes contained in the annex appear to be based on unrealistic optimism and do not fully account for the reality. These provisions need to be adjusted to reflect the actual situation more accurately. Third, the proposed fisheries subsidies annex also fails to consider the relationship between the ASCM (including the newly proposed annex) and other WTO covered agreements, most notably the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”). Many suggestions in the proposed fisheries subsidies annex require parallel changes of relevant provisions of the DSU (and maybe other agreements) as well. However, the fisheries subsidies negotiations have not addressed this problem yet. Nor have the DSU amendment negotiations so far. As such, these negotiations need to proceed in a more coordinated and systematic manner. The introduction of the fisheries subsidies will probably bring a significant impact on the domestic policy of the Korean government as well. If the introduction of the new annex is the consensus among the Members, it is time for us to evaluate our domestic fisheries assistance policy and initiate the amendment or introduction of the relevant laws and regulations in the near future.