Energy Subsidies and the World Trade Organization

17 (22) ASIL Insights (2013)

UGA Legal Studies Research Paper No. 2013-27

8 Pages Posted: 16 Oct 2013

See all articles by Timothy Meyer

Timothy Meyer

Vanderbilt University Law School

Date Written: October 1, 2013

Abstract

In recent months the World Trade Organization (WTO) has seen increasing conflict over the rules for government support of the energy sector. Government subsidies for particular forms of energy have long influenced producers’ investment choices and consumers’ consumption patterns in ways that affect both international trade and the environment. Trade and environmental lawyers have thus closely watched the WTO’s efforts to develop rules on government support for the energy sector. This essay outlines recent activity in the WTO on subsidies for both traditional fossil fuels and the renewable energy sector. It also discusses the difficulties posed by the increased application of WTO subsidies rules to renewable energy subsidies at a time in which fossil fuel subsidies programs continue to elude significant WTO scrutiny. This discrepancy – caused in part by WTO rules on subsidies and in part by energy politics in a number of countries that have shifted support for renewable energy subsidies to local governments less skilled in drafting WTO-compliant programs – threatens to undermine the WTO’s ability to develop an environmentally-friendly jurisprudence on energy trade issues.

Keywords: climate change, subsidies, renewable energy, world trade organization, environmental law

JEL Classification: K32, K33

Suggested Citation

Meyer, Timothy, Energy Subsidies and the World Trade Organization (October 1, 2013). 17 (22) ASIL Insights (2013), UGA Legal Studies Research Paper No. 2013-27, Available at SSRN: https://ssrn.com/abstract=2340692

Timothy Meyer (Contact Author)

Vanderbilt University Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-936-8394 (Phone)

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