Keeping Up with the Changing Climate: The WTO’s Evolutive Approach in Response to the Trade and Climate Conundrum:A Comment on Canada – Certain Measures Affecting the Renewable Energy Sector

Kent, Avidan and Jha, Vyoma (2014) Keeping Up with the Changing Climate: The WTO’s Evolutive Approach in Response to the Trade and Climate Conundrum:A Comment on Canada – Certain Measures Affecting the Renewable Energy Sector. Journal of World Investment and Trade, 15 (1-2). pp. 245-271. ISSN 2211-9000

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Abstract

Canada – Certain Measures Affecting the Renewable Energy Sector (Canada FIT), appears to be the first-ever case at the World Trade Organization (WTO) to address the tenuous ‘trade versus climate’ debate in the context of renewable energy policies. Feed-in Tariffs (FIT) for renewable energy, which have emerged as a popular domestic policy tool to address climate change, share an extremely controversial relationship with the international trade regime, especially with the legality of such support schemes increasingly coming under the WTO scanner. In this article, the authors focus on four aspects that emerge from the decisions made by the WTO’s Panel and Appellate Body in this case, namely the clarification of the blurred legal status of renewable energy support schemes under WTO law; a new ‘public goods’ exception; an evolving, “activist” WTO jurisprudence; and the imminent end of domestic content requirements in renewable energy policies. The authors argue in this article that the WTO Panel and Appellate Body’s decisions represent a development of the law, one that is aimed at settling the ever-so-contentious clash between the WTO law on subsidies and climate change support schemes.

Item Type:	Article
Uncontrolled Keywords:	sdg 7 - affordable and clean energy,sdg 13 - climate action ,/dk/atira/pure/sustainabledevelopmentgoals/affordable_and_clean_energy
Faculty \ School:	Faculty of Social Sciences > School of Law University of East Anglia Research Groups/Centres > Theme - ClimateUEA
UEA Research Groups:	Faculty of Social Sciences > Research Groups > International Law University of East Anglia Schools > Faculty of Science > Tyndall Centre for Climate Change Research Faculty of Science > Research Centres > Tyndall Centre for Climate Change Research
Depositing User:	Pure Connector
Date Deposited:	27 Nov 2014 15:58
Last Modified:	20 Oct 2023 00:58
URI:	https://ueaeprints.uea.ac.uk/id/eprint/50578
DOI:	10.1163/22129000-01502007

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