The Consistency of the European Union Renewable Energy Directive with the World Trade Organization Agreements

Renewable Energy Law and Policy Review, Vol. 1, 2010

Georgetown Law and Economics Research Paper No. 1485549

14 Pages Posted: 8 Oct 2009 Last revised: 2 Nov 2014

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Christopher Tran

University of Melbourne

Abstract

This article examines the consistency of the European Union Renewable Energy Directive with the World Trade Organization Agreements, focusing on the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement). This article reaches two conclusions: First, the EU Renewable Energy Directive is prima facie inconsistent with the EU’s obligations under the GATT and, secondly, to the extent that the Directive falls within the scope of the TBT Agreement, it is also inconsistent with that Agreement.

Keywords: EU Renewable Energy Directive, World Trade Organization (WTO), Agreement on Technical Barriers to Trade (TBT Agreement), biofuels

JEL Classification: Q48, F10, F13

Suggested Citation

Mitchell, Andrew D. and Tran, Christopher, The Consistency of the European Union Renewable Energy Directive with the World Trade Organization Agreements. Renewable Energy Law and Policy Review, Vol. 1, 2010; Georgetown Law and Economics Research Paper No. 1485549. Available at SSRN: https://ssrn.com/abstract=1485549

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

University Square
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Victoria, Victoria 3010
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HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Christopher Tran

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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