EMERGING CONFLICTS IN RENEWABLE ENERGY POLICY AND INTERNATIONAL TRADE LAW

摘要

This paper examines the key emerging issues in trade law that have potentially significant implications for the existing policy frameworks in place to support renewable energy around the world and for trade in renewable energy technologies. It examines whether the renewable energy subsidies and industrial policies that many countries have used to build up renewable energy technology industries are likely prohibited under WTO agreements and subject to challenge. Through an analysis of current legal and policy research and of the renewable energy policies that have come under recent WTO scrutiny in countries such as China and Canada, this paper proposes recommendations both for domestic policy makers trying to avoid international trade conflict while promoting renewable energy, and for governments to consider in their international negotiations under both trade and environmental agreements to ensure that domestic policies can continue to serve as effective tools to promote renewable energy.