The fisheries subsidies mandate of the World Trade Organisation (WTO) has recently celebrated its twentieth birthday. It remains unfulfilled. The WTO is called upon to reduce fisheries subsidies through the new rules integrated in its framework and enforceable via its dispute settlement mechanism. This task, if accomplished, would restrict financial inflows into enhancement of the fishing effort, which is damaging for stocks. Having first addressed impediments met by the WTO despite mounting pressure to deliver, which it faces, this Chapter will briefly outline the history of the fisheries subsidies negotiations at the WTO, will present the factors attracting fisheries subsidies issues to the Organisation, will explore the potential for integration of disciplines-to-be within the WTO framework already regulating subsidies, and detail and analyse the three key disciplines subject to discussions, assessing the viability and enforceability of their potential contributions to the rule of law for Oceans.

Apart from depleting global marine resources, illegal fishing affects the economies and societies of many developing coastal states. They are often not in a position to police the maritime zones that are under their jurisdiction, such as their exclusive economic zone, and to enforce their fisheries regulations adequately. The persons who organise these illegal fishing operations, such as the operators and owners of vessels, often use flags of convenience and take advantage of the weak legal systems of flag States and coastal States. In this chapter it is argued that, in addition to coastal, port and flag States, the States of which such owners and operators are nationals also have a role to fulfil in the fight against illegal fishing.

The rights and duties of flag States go hand in hand under the UNCLOS legal framework. A State bears the right to grant a ship its nationality and is entitled to exercise exclusive jurisdiction over the ship. At the same time, a flag State has the obligation to effectively exercise its jurisdiction and control over the ship sailing under its flag. While the provisions relating to flag States’ rights and obligations are found in Part VII UNCLOS entitled ‘High seas’, their application apply to wherever the ship may find itself. Given the omnipresence of ships at seas, clarity and certainty regarding flag States’ rights and obligations is crucial for the effective implementation of UNCLOS, as well as for ensuring delicate balance between the rights and obligations of coastal States and of flag States upon which UNCLOS hinges. This chapter examines the decisions of UNCLOS tribunals relating to flag States’ rights and obligations, in order to examine whether and to what extent UNCLOS tribunals have contributed to the clarification and development of the relevant rules pertaining to flag States.