WTO Members, Not the Appellate Body, Need to Clarify Boundaries in Renewable Energy Support
What constitutes appropriate state measures for incentivizing renewable energy development and deployment?
This key question has been posed, not only by the sustainable development community, but even more so by governments and investors around the world. On May 6, 2013, all eyes were focused on the Appellate Body (AB) of the World Trade Organization (WTO), which gave its first ruling on measures affecting the renewable energy generation sector as part of a dispute brought by Japan and the European Union against Canada (Ontario). However, the AB ruling failed to provide legal clarification and interpretation of WTO rules related to sustainable energy. At the same time, parts of its analysis may have created a broad and potentially problematic carve-out of the subsidy agreement. This commentary analyzes what this ruling meant for the legal status of feed-in tariffs, and argues that WTO members, and not the AB, should clarify boundaries in renewable energy support.
You might also be interested in
State of the Sector: Critical energy transition minerals for India
This report presents a comprehensive strategy for securing a reliable supply of critical energy transition materials (CETMs) essential to India's clean energy and low-carbon technology initiatives.
Fossil Fuel Subsidy Reform in Aviation and Shipping
Countries can address fossil fuel subsidies in aviation and shipping by changing legislation to allow for reform and introducing emission levies.
Federal Legislative Authority in Relation to Oil and Gas Development in Canada
This report outlines federal legislative authority related to oil and gas development in Canada.
Indonesian Electric Vehicle Boom: A temporary trend or a long-term vision?
Indonesia is pursuing policies to accelerate the adoption of electric vehicles (EVs) and build a thriving domestic industry. However, to maximize long-term benefits, the government must ensure foreign manufacturers do more than just sell cars—they need to invest in local jobs, supply chains, and technology transfer.