Purpose The purpose of this paper is to examine the applicability of the WTO Agreement on Fisheries Subsidies (AFS) in disputed maritime areas from the overlapping exclusive economic zone (EEZ), identify the legal challenges arising when fisheries subsidy disciplines intersect with such dispute waters and to explore mechanisms for strengthening fisheries governance in such areas. Design/methodology/approach Under the doctrinal analysis grounded in treaty interpretation, this study analyzes the interaction between the AFS and the United Nations Convention on the Law of the Sea (UNCLOS), using interpretative principles under the Vienna Convention on the Law of Treaties, valuates regulatory conflicts relating to jurisdictions, special treatment and the AFS dispute settlement mechanism in dispute waters. Findings Although the AFS is not clearly designed for disputed maritime areas, its provisions may extend to such areas based on the EEZ claims. The application of the AFS is constrained by three structural challenges: determining jurisdiction, applying special treatment and the limitations of dispute settlement mechanisms, creating regulatory gaps that undermine fisheries conservation objectives. Practical implications The dispute states could propose strengthening cooperative governance in disputed maritime areas through provisional arrangements under UNCLOS, integrating the principle of effective control in subsidy assessment and refining special treatment provisions in future AFS negotiations. Originality/value By bridging WTO Law, Treaty Law and the Law of the Sea, this study provides one of the foresee systematic analyses of fisheries subsidy regulation in disputed maritime areas and offers a legal framework for reconciling subsidy disciplines with maritime jurisdictional disputes.
Zeyuan Li (Wed,) studied this question.