Donating to Destruction: Combating Capacity Enhancing Fisheries Subsidies and EEZ Overfishing Within UNCLOS

Abstract

The delicate balance on which the oceans now sit cannot be understated. While many oceanic issues persist, overfishing is one that affects large portions of the Earth's population, particularly in relation to food. Despite a growing decline in fisheries populations, governments continue to subsidize their fisheries at alarming rates. This issue is currently at the forefront of WTO negotiations, but has it been overlooked within the scope of UNCLOS? Despite a strong exclusion clause for domestic EEZ fisheries, perhaps reframing a potential dispute as contrary to protection and preservation of the marine environment, instead of one solely rooted in fisheries, might provide an avenue for meaningful change, if a dispute were to arise.