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Renewable Energy Disputes in the World Trade Organization

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Release : 2015
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Book Synopsis Renewable Energy Disputes in the World Trade Organization by : Rafael Leal-Arcas

Download or read book Renewable Energy Disputes in the World Trade Organization written by Rafael Leal-Arcas. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes renewable energy disputes in the World Trade Organization (WTO), explores the specific WTO norms that have been, and are likely to be, engaged by trade-distortive measures that WTO Members may seek to argue have been taken to promote renewables, and advocates implementing stronger governance of energy trade and provides an analysis of the WTO's treatment of renewable energy. It also discusses the impact of subsidies on different forms of energy and whether feed-in tariffs count as subsidies in the WTO context. Our conclusion is that the main obstacles to the scale-up and take-up of renewable energy are not normative/institutional per se. Rather, they are economic. The only systemic 'obstacle' that the WTO presents is its requirement that measures not be disguised mercantilism and that they be applied even-handedly. The WTO system, as it stands, could, and does, accommodate bona fide non-discriminatory measures that promote the scale-up and take-up of renewable energy. After all, we see that it tolerates conventional energy subsidies, which certainly are not predicated on the general exceptions to WTO rules or other dispensations, as these appear in the covered agreements. That said, while the system, as it stands, is considerably flexible towards externalities such as environmental protection objectives, further trade liberalization remains the system's principal objective.

Explaining Energy Disputes at the World Trade Organization

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Release : 2016
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Book Synopsis Explaining Energy Disputes at the World Trade Organization by : Timothy Meyer

Download or read book Explaining Energy Disputes at the World Trade Organization written by Timothy Meyer. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: The WTO and the broader international trade regime have seen an explosion of challenges to government support for renewable energy in the last seven years, while no country has brought a formal dispute challenging fossil fuel subsidies in the GATT/WTO's history. This pattern is puzzling because global fossil fuel subsidies dwarf global renewable energy subsidies. Moreover, it suggests that WTO rules may slow the transition to clean energy. Renewable energy technology must compete with highly subsidized fossil fuels, while trade disputes effectively restrict subsidization only for the former. Existing explanations for the absence of trade challenges to fossil fuels support policies have focused primarily on the lack of a mandate within the WTO. Major fossil fuel exporters have not historically been GATT/WTO members; WTO rules allegedly do not apply to energy or are inadequate to deal with the specifics of energy trade; or even if they do, nations have developed separate institutions, such as the IEA or the Energy Charter Treaty, to govern energy. This article argues that, although these explanations have some explanatory power, they cannot fully or satisfactorily account for the pattern of WTO energy disputes in light of the recent focus on some forms of energy in the WTO but not others. Instead, I hypothesize that the economic diversification of energy-producing countries plays a major role in driving challenges to renewable energy support policies, but not fossil fuel support policies. It does so in two ways. First, states challenging energy support policies expect to have greater success in changing the respondent's behavior when the respondent has diversified exports. Renewable energy technologies tend to be produced in countries with diversified economies, while fossil fuel reserves are located overwhelmingly in countries with little diversification in their exports. Second, under what I term the loss aversion hypothesis, states may be more likely to challenge new trade restrictions, rather than similar but long-standing trade restrictions. The loss-aversion hypothesis suggests that trade challenges will arise more in sectors of the economy in which innovation leads to competition, as opposed to in mature sectors of the economy. Economic diversification, in turn, is a good predictor of innovation. As applied to energy, economic diversification contributes to innovation and competition in the renewables sector - and hence triggers demand for new trade restrictions - but not the fossil fuel sector, even though trade restrictions have a long history in that sector as well.

Trade, Investment and Climate Change

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Release : 2016
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Book Synopsis Trade, Investment and Climate Change by : Vyoma Jha

Download or read book Trade, Investment and Climate Change written by Vyoma Jha. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyzes renewable energy-related international economic disputes - both at the World Trade Organization (WTO) and investor-State dispute settlement (ISDS) before an arbitral tribunal as provided under investment treaties - to establish how their adjudication is redefining the norms of interaction between the international legal regimes for trade, investment and climate change. First, it will highlight how dispute settlement in international economic law is sensitive to the current realities of climate change and driving countries to secure greater regulatory space for renewable energy under newly negotiated trade and investment agreements. Second, it will analyze how changing geopolitical relations in the international economic regime are shaping shifts in the concept of differentiation under the climate regime. It uses the illustrative example of India, which increasingly finds itself at the crossroads of trade, investment and climate change, to argue that the blurring of lines between developed and developing countries' measures in the renewable energy sector, as witnessed through renewable energy-related trade and investment disputes, have had an effect in diluting the concept of differentiation within the climate regime.

WTO and Renewable Energy

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Release : 2015
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Book Synopsis WTO and Renewable Energy by : Paolo Davide Farah

Download or read book WTO and Renewable Energy written by Paolo Davide Farah. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a country's renewable energy sector on the other, provide momentum to better define the legal framework offered by the World Trade Organization (WTO). It is fundamental to ascertain whether the current framework represents an adequate model to address renewable energy subsidies, or whether a more flexible interpretation of WTO Agreements toward sustainable development and the protection of the environment should be adopted instead. In view of that, this paper carefully investigates the evolution of the WTO subsidies disciplines, focusing in particular on the approach of the WTO towards renewable energy subsidies. This article is divided in three sections. The first one offers an overview of WTO disputes involving subsidies in the renewable energy sector, the second one focuses on the recent decisions in the Canada - Renewable Energy and Canada - Feed-in Tariff Program disputes and on some important issues they raise, while in the last one we draw our conclusions.

Promoting Renewable Energy

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Release : 2023-05-09
Genre : Law
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Book Rating : 785/5 ( reviews)

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Book Synopsis Promoting Renewable Energy by : Alessandro Monti

Download or read book Promoting Renewable Energy written by Alessandro Monti. This book was released on 2023-05-09. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilises the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.

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