TN/RL/GEN/202  
 
21 October  2019 
(19-6884) Page: 1/2 
Negotiating Group on Rules  Original: English  
 
  
PROPOSED SOLUTION TO CONCERNS  ON DISPUTED WATERS  
Communication from the Philippines  
The following communication, dated 21 October 2019, is being circulated at the request of the 
delegation of the Philippines.  
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Noting that the ongoing discussions on disciplines on subsidies have gained momentum and have 
remained focused on the mandate of MC11, we foresee that the introduction of RD/TN/RL/107* 
titled, "Adjusting the WTO Dispute Settlement Mechanism When Applied to the Fisheries Subsidies 
Disciplines", may diminish the momentum of delivering a comprehensive and effective fisheries 
disciplines in December 2019. We  were of the understanding that there would be no further 
discussions on disputed waters.  
We reiterate that the Philippines supports texts that have no reference to "disputed waters" because 
this issue has no place in the mandate. It is sufficient that di sciplines on fisheries subsidies have a 
proviso that ensures they "shall not have legal implications on any Member's claim with respect to 
territoriality, sovereignty or maritime jurisdiction involving a specific fishing area."  
However, in light of the in troduction of RD/TN/RL/107* which suggests that disputes with respect 
to maritime jurisdiction be excluded from the WTO Dispute Settlement Mechanism, we are re -
introducing our November 2017 proposal TN/RL/GEN/196, prohibiting subsidies in disputed waters 
or jointly notifying the WTO of any agreement to subsidize.  
In view of the proposed option to jointly notify WTO, we are also introducing a new text in the 
"Proposed Solution to Concerns on Disputed Waters" which requires the Members concerned to 
consult wi th a view to reaching an agreement before considering Dispute Settlement through the 
WTO DSM.  
 
 
 
  TN/RL/GEN/202  
 
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Article __ _: Dispute Settlement Involving Disputed Waters1 
1. In cases of subsidy programmes/measures involving disputed waters, the Members in the 
dispute shall refrain from invoking the provisions of the WTO Dispute Settlement Understanding 
(DSU) and the specific dispute settlement provisions under this Agreement.  
2. The Members shall engage in bilateral consultations with a view to settle an agreement  
between/among them. Once a settlement is reached, the Members of the dispute shall jointly 
notify the WTO.  
3. Notwithstanding the provisions of the above paragraph s 1 and 2, the complaining Member may 
invoke the provisions of the DSU if no bilateral or pluri lateral settlement is reached after a 
reasonable period of time has elapsed but in no case shall exceed (x) months from the initiation 
of the bilateral or plurilateral consultations.  
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1 The "claims " or "disputes " involving territoriality, maritime jurisdiction, sovereignty and related issues 
over a specific area referred to under Article 2 and Article 8 of TN/RL/W/274/Rev.6 refers to the outstanding 
disputes or claims between and among WTO Members filed in and wit hin the jurisdiction of either of the 
following: (a) the International Tribunal for the Law of the Sea; (b) the International Court of Justice; (c) and 
arbitral tribunal constituted in accordance with Annex VII of UNCLOS; or (d) a special tribunal constitu ted in 
accordance with Annex VIII of UNCLOS.