Subsidising Fossil Fuels in Australia: Analysing the Agreement on Subsidies and Countervailing Measures from a Climate Change Perspective

摘要

This article explores whether the Australian Government's proposals to subsidise the Adani Carmichael coal mine project and new,"clean coal"power plants contravene the Agreement on Subsidies and Countervailing Measures (ASCM). While the Adani subsidy would be considered a prohibited subsidy, legal, practical and political hurdles render a challenge unlikely. The "clean coal" proposal, on the other hand, would escape the reach of the ASCM altogether since the Agreement is solely concerned with subsidies that distort international trade. This focus is a key reason why the ASCM is ineffective at disciplining fossil fuel subsidies from a climate change perspective.The ASCM is inadequate in its current form to reconcile economic with environmental values, leading to calls for reform of the subsidies discipline. Crucial to any reform initiative will be a clarification of definition and standards, effective regime interaction and attentiveness to principles of development and equity.