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The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of trade distorting agricultural subsidies and, thereby, reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies.
The regulation of subsidies by the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising on food security, especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries, which continue to subsidize their agricultural sector. This position of developing countries in the global trade system, which has been described as weak, has drawn criticism of the WTO, namely that it does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations.
The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting have grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA.
The study examines the regulation of WTO agricultural subsidies from the developing countries´ perspective. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA´s provisions regulating subsidies by adopting a perspective to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is against the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.

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Farai Chigavazira is an Associate Legal Practitioner (Attorney) at Wintertons, where he devotes 80 percent of his practice to corporate, commercial, compliance, regulatory risk management matters, and International Trade law. He has experience in drafting commercial contracts, due diligence, and compliance. He joined Wintertons in 2016 from the Law Society of Zimbabwe, where he worked in the Regulation and Compliance department. He holds a Bachelor of Laws (LLB) and a Master of Laws (LLM) from the University of Fort Hare in South Africa.

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