Chinese

Research on the Legal Issues of Renewable Energy Subsidies within the WTO

Date: 2024-02-08    Source: 

Liu Yuxing, Law School

Abstract: Climate Conference in Paris held successfully in 2015, which indicated that the issue about climate change stepped into a new era. Meanwhile, the adoption of the Paris Agreement represented a new step in the process of global sustainable development. Before that, countries have made a series of efforts to effectively address environmental issues such as climate change and through domestic legislation measures to attach importance to the development of environmental protection and environmental products. Thereinto, Renewable Energy has gradually become the focus of domestic policy and foreign trade with its unique advantages of green, low carbon and sustainable development. Meanwhile, the adjustment of the domestic energy structure is in the race of renewable energy market economic interests, and it is inevitable that the state has a variety of disputes in the process of foreign trade. It is important to point out that the current WTO framework is lacking in the legal system of renewable energy trade, which leads to an ongoing dispute that is difficult to deal with the existing legal system efficiently and reasonably. In the long term, the resolution process of trade dispute will not only slow new progress, but also affect the enthusiasm of countries on renewable energy trade. It is clear that this is not consistent with that trend of the international community on climate issues. which is not conducive to the advancement of the world economy. In this context, to develop the new energy industries through the power of the government, China printed the 13th Five-year Plan for energy development at the beginning of last year. So, this is a time to study the legal problems of the WTO's renewable energy subsidies, which, in theory, not only have a deep academic debate, but in practice can also be a new way for China's renewable energy subsidies in the new world.

This paper, based on the legal system of the WTO subsidy, combines the typical cases of renewable energy and academic works, and tries to discuss the legal problems of the WTO's renewable energy subsidy through four parts, and puts forward some suggestions for improvement. Finally, the paper puts forward the reflection and response based on the research on the anti-subsidy of renewable energy in China. The first part: the overview of the renewable energy subsidies. We will provide the sufficient theoretical foundation for the following research through the concept analysis of renewable energy and energy subsidies. The second part: WTO renewable energy subsidy compliance recognition. Based on the WTO's determination of subsidies, the composition of renewable energy subsidies is described in a more stereotypical case. The third part: WTO renewable energy subsidy rules and their predicament. The paper analyzes the basis of renewable energy subsidy system and summarizes the defects of the system. Part four: the improvement of WTO renewable energy subsidy rules. Based on the above analysis, the author concludes the suggestions and puts forward the trade response built the status quo of China's renewable energy subsidies.

 

Read the full article here:   WTO可再生能源补贴法律问题研究.pdf