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International Journal of Frontiers in Sociology, 2022, 4(9); doi: 10.25236/IJFS.2022.040909.

What Changes Should be Made by China under Article 20.16 of CPTPP

Author(s)

Liu Zhenyu

Corresponding Author:
Liu Zhenyu
Affiliation(s)

School of Law, City University of Hong Kong, HKSAR, China

Abstract

For the first time, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) presents the series of environmental provisions as a separate chapter in a multilateral economic and trade agreement. This chapter deals with specific areas of environmental protection. Article 20.16 of the CPTPP is about marine capture. This article contains requirements for fisheries management systems of the contracting Parties, restrictions on illegal, unreported and unregulated Fishing (IUU fishing), and prohibitions and modifications of fishery subsidies granted by the contracting Parties. China is the largest fishing nation in the world, so Article 20.16 of the CPTPP will have a significant impact on China if China successfully joins the CPTPP after its application in September 2021. The issue of legal convergence is particularly important currently. WTO has passed the Agreement on Fisheries Subsidies, reaching an agreement on the issues such as the identification of IUU fishing and fishery subsidies based on Special and Differential Treatment. However, there are still several additional provisions waited to be negotiated, which China needs to keep working hard on.[1] In addition, although China has relatively domestic legislation in this area and has actively signed and participated in relevant international documents, it still lacks legal provisions on fishery subsidies and has not signed The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels (Compliance Agreement). All of these will limit China's voice and basis for environmental provisions in bilateral free trade agreement negotiations. China should clarify the relevant concepts, improve its domestic legislation, accelerate its accession to relevant international documents and treaties, and upgrade its bilateral investment agreements in a timely manner.

Keywords

CPTPP, Bilateral Free Trade Agreement, Marine Capture, IUU, Agreement on Fishery subsidies

Cite This Paper

Liu Zhenyu. What Changes Should be Made by China under Article 20.16 of CPTPP. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 9: 59-70. https://doi.org/10.25236/IJFS.2022.040909.

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