Subsidies in WTO Law and Energy Regulation: Some Implications for Fossil Fuels and Renewable Energy

Anna Marhold

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

This contribution discusses WTO subsidies disciplines in the context of the energy sector. After
laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to
subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies
on clean energy production and consumption are needed to correct market failures and to
promote legitimate policy goals such as contributing to sustainable development through the
scale up of clean energy, including expanding its trade. However, experience has shown that
support schemes for clean energy by their nature and design make them sensitive to WTO
dispute settlement. Much more harmful subsidies on fossil fuels, on the other hand, are
omnipresent yet often escape being addressed in the multilateral trading system. The
contribution will draw upon the examples of ‘energy dual pricing’ and Feed-In Tariffs (FITs).
It will argue that while it may be difficult to tackle fossil fuels subsidies in the WTO forum,
more efforts are needed to (re)legalise environmental subsidies.
Original languageEnglish
Title of host publicationL Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR)
PublisherHart Publishing
Number of pages25
Publication statusPublished - 8 Feb 2018

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renewable energy
WTO
subsidy
energy
regulation
Law
energy production
market failure
energy consumption
pricing
respect
sustainable development
experience

Cite this

Marhold, A. (2018). Subsidies in WTO Law and Energy Regulation: Some Implications for Fossil Fuels and Renewable Energy. In L Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR) Hart Publishing.
Marhold, Anna. / Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy. L Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR). Hart Publishing, 2018.
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Marhold, A 2018, Subsidies in WTO Law and Energy Regulation: Some Implications for Fossil Fuels and Renewable Energy. in L Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR). Hart Publishing.

Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy. / Marhold, Anna.

L Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR). Hart Publishing, 2018.

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

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Marhold A. Subsidies in WTO Law and Energy Regulation: Some Implications for Fossil Fuels and Renewable Energy. In L Hancher, A De Hauteclocque and FM Salerno (eds), State Aid in the Energy Sector, Florence School of Regulation (FSR). Hart Publishing. 2018