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Fit for Purpose?: Toward trade rules that support fossil fuel subsidy reform and the clean energy transition

Fit for Purpose?: Toward trade rules that support fossil fuel subsidy reform and the clean energy transition
Author: van Asselt, Harro
Publisher: Nordic Council of Ministers
Total Pages: 60
Release: 2020-11-18
Genre: Business & Economics
ISBN: 9289368098

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Available online: https://pub.norden.org/temanord2020-539/ Estimated at USD 478 billion in 2019, fossil fuel subsidies strain the public purse, contribute to climate change, slow the uptake of renewable energy, and lead to local air pollution and associated impacts on public health. Their reform could thus lead to a wide range of socioeconomic and environmental benefits. Despite its binding rules to regulate subsidies, the World Trade Organization (WTO) has so far failed to play any significant role in constraining government support to fossil fuels. Against this backdrop, this report explores whether WTO rules and practices are fit for purpose in addressing fossil fuels subsidies and supporting the clean energy transition, and how they could be reformed to more effectively contribute to these key objectives. It also offers practical recommendations for WTO members and other stakeholders interested in moving this agenda forward.


Increasing the Momentum of Fossil-Fuel Subsidy Reform

Increasing the Momentum of Fossil-Fuel Subsidy Reform
Author: Kerryn Lang
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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As fossil-fuel subsidy reform moves higher up countries' energy and climate change agendas - the G-20 and APEC have recently taken commitments to phase out fossil-fuel subsidies, countries such as Indonesia, India and Iran are attempting to reduce their subsidy burden, and organizations like the OECD, IEA, World Bank and IMF are refocusing on the topic - there remains the question: what role can international fora such as the WTO, UNFCCC, and international collaboration more generally, play? International collaboration and agreement can provide essential support to national efforts to reform fossil-fuel subsidies. In addition to supplying political legitimacy and peer pressure, it can also offer research and technical assistance, sharing of information and best practice, establishment of rules, financial support and promoting increased accountability. The WTO (World Trade Organisation), with its Agreement on Subsidies and Countervailing Measures, would seem to be the obvious first choice. However much work needs to be done prior to introducing new negotiations to the WTO - gathering information, building consensus, and in the case of energy subsidies, obtaining a mandate to negotiate disciplines that reach beyond the trade impacts. Immediate action could see improvements to WTO members' reporting on subsidies, however with the Doha Round seemingly at a stand-still, the outlook for negotiations on fossil-fuel subsidy disciplines can only viably be a longer-term goal. The good news is there are other opportunities that can and should be taken advantage of in the meantime. Fossil-fuel subsidy reform is one national action that could have significant and multi-faceted impacts for addressing global climate change - driving down emissions and opening investment pathways for renewable energies. The UNFCCC may be struggling to define its post-Kyoto architecture but there is nothing stopping it from recommending specific non-binding measures that developed countries should take, with clear attractions compared to making a whole new agreement. Discussions around developing countries all suggest that their commitments are likely to based around their policies. Whether these are defined as nationally appropriate mitigation actions (NAMAs) or otherwise, subsidy reform seems a perfect fit and could be supported technically or financially by the developed world. The UNFCCC might be moving slowly towards a full agreement but we could envisage quick progress on more specific, voluntary actions, potentially even in the build-up to Cancun this December. The G-20 and APEC are already leading the way, having taken commitments to phase out and rationalize inefficient fossil-fuel subsidies that encourage wasteful consumption. The G-20 lacks a secretariat for supporting ongoing research and technical assistance, or monitoring progress on the phase out of members' subsidies, however APEC may be able to fill some of these functions for its members. Country champions are picking up the torch with a newly-formed Friends of Fossil-Fuel Subsidy Reform group, led by New Zealand which includes Denmark, Norway, Sweden and Switzerland, with membership from developing countries still to be confirmed. As momentum for national fossil-fuel subsidy reform picks up, countries will look increasingly to the international community for support. This paper takes a detailed look at the opportunities, strengths and weaknesses of progressing fossil-fuel subsidy reform within the WTO, UNFCCC and under the G-20's political leadership, and concludes that a collaborative approach between a range of organisations is needed, with country champions driving the process. The paper outlines a roadmap over the next 12 months, 1-3 years and the longer term for increasing international cooperation, and preparing the path to a multilateral agreement on fossil-fuel subsidy reform.


Fossil Fuel Subsidy Reform

Fossil Fuel Subsidy Reform
Author: Vernon JC Rive
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2019
Genre:
ISBN: 1785360892

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This much-needed book provides an empirically-grounded, and theoretically informed account of international law sources, mechanisms, initiatives and institutions which address and affect the practice of subsidising fossil fuel consumption and production. Drawing on recent scholarship on emerging international governance mechanisms, ‘informal’ international law-making and regime interaction, it offers suggestions, and critiques suggestions of others, for how the international law framework could be employed more effectively and appropriately to respond to environmentally and fiscally harmful fossil fuel subsidies.


Explaining Energy Disputes at the World Trade Organization

Explaining Energy Disputes at the World Trade Organization
Author: Timothy Meyer
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

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The WTO and the broader international trade regime have seen an explosion of challenges to government support for renewable energy in the last seven years, while no country has brought a formal dispute challenging fossil fuel subsidies in the GATT/WTO's history. This pattern is puzzling because global fossil fuel subsidies dwarf global renewable energy subsidies. Moreover, it suggests that WTO rules may slow the transition to clean energy. Renewable energy technology must compete with highly subsidized fossil fuels, while trade disputes effectively restrict subsidization only for the former. Existing explanations for the absence of trade challenges to fossil fuels support policies have focused primarily on the lack of a mandate within the WTO. Major fossil fuel exporters have not historically been GATT/WTO members; WTO rules allegedly do not apply to energy or are inadequate to deal with the specifics of energy trade; or even if they do, nations have developed separate institutions, such as the IEA or the Energy Charter Treaty, to govern energy. This article argues that, although these explanations have some explanatory power, they cannot fully or satisfactorily account for the pattern of WTO energy disputes in light of the recent focus on some forms of energy in the WTO but not others. Instead, I hypothesize that the economic diversification of energy-producing countries plays a major role in driving challenges to renewable energy support policies, but not fossil fuel support policies. It does so in two ways. First, states challenging energy support policies expect to have greater success in changing the respondent's behavior when the respondent has diversified exports. Renewable energy technologies tend to be produced in countries with diversified economies, while fossil fuel reserves are located overwhelmingly in countries with little diversification in their exports. Second, under what I term the loss aversion hypothesis, states may be more likely to challenge new trade restrictions, rather than similar but long-standing trade restrictions. The loss-aversion hypothesis suggests that trade challenges will arise more in sectors of the economy in which innovation leads to competition, as opposed to in mature sectors of the economy. Economic diversification, in turn, is a good predictor of innovation. As applied to energy, economic diversification contributes to innovation and competition in the renewables sector - and hence triggers demand for new trade restrictions - but not the fossil fuel sector, even though trade restrictions have a long history in that sector as well.


The Trade and Environment Debate on the Regulation of Energy Subsidies in the WTO

The Trade and Environment Debate on the Regulation of Energy Subsidies in the WTO
Author: Henok Asmelash
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN:

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The multilateral rules on subsidies have come under intense scrutiny in the wake of rising trade disputes over renewable energy subsidies. The sudden surge in the number of trade disputes and countervailing duty actions against renewable energy support programs has raised concerns that the multilateral subsidy rules may stand in the way of global efforts to promote the development and deployment of renewable energy sources. This paper shares these concerns, but argues that they are only one side of the environmental concerns that arise from the regulation of energy subsidies in the multilateral trading system. Energy subsidies play a dual role from a sustainable energy transition perspective. While renewable energy subsidies tend to help accelerate the transition, fossil fuel subsidies do exactly the opposite. If the multilateral subsidy rules are to help accelerate but not hinder the transition, then they should not only allow governments to subsidize renewables but also discourage them from subsidizing fossil fuels. This paper attempts to answer why the regulation of fossil fuel subsidies in the multilateral trading system received scant scholarly attention in the wide-ranging debate on trade and the environment.


Fossil Fuel Subsidies Reform in the WTO

Fossil Fuel Subsidies Reform in the WTO
Author: Anna-Alexandra Marhold
Publisher:
Total Pages: 37
Release: 2018
Genre:
ISBN:

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Dual pricing is a practice through which resource-endowed states sell their energy resources at significantly lower prices on the domestic market, as compared to the price on the export market. Dual pricing could be considered an environmentally harmful fossil fuel subsidy: States that maintain dual-pricing policies are not incentivised to curb their CO2 emissions, but are instead encouraged to keep burning 'cheap' fossil fuels through below global market domestic prices, to the detriment of switching to cleaner forms of energy.This article discusses the practice of energy dual pricing in the broader context of fossil fuel subsidy reform. In view of climate change mitigation, the World Trade Organization (WTO) should contribute to this reform and play an active role in curbing and phasing out such environmentally harmful subsidies. Therefore, the piece approaches dual pricing from the viewpoint of being a fossil fuel subsidy. The contribution explores avenues to constrain dual pricing within the framework of the WTO. It does so by proposing options under existing rules, as well as suggesting changes to the system beyond WTO current rules.The piece suggests that WTO Members wishing to take action again dual-pricing policies maintained by other members could explore bringing a case to dispute settlement on the basis of specific provisions under the GATT, SCM and/or AD Agreements. Bringing a case would send a strong signal that dual-pricing policies are not immune to being challenged in a WTO dispute. Moreover, it is likely that this would function as a trigger to rapidly include talks on broader fossil fuel subsidy reform on the WTO agenda.


Tackling Fossil Fuel Subsidies Through International Trade Agreements

Tackling Fossil Fuel Subsidies Through International Trade Agreements
Author: Cleo Verkuijl
Publisher:
Total Pages: 50
Release: 2018
Genre:
ISBN:

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Fossil fuel subsidies undercut the international community's Sustainable Development Goals and climate change objectives in many ways. Estimated at several hundred billion dollars a year, such subsidies also affect fossil fuel prices, and can therefore have distorting impacts on trade and investment. Given its central role in disciplining trade-distorting subsidies across sectors, the World Trade Organization (WTO) is an obvious candidate for advancing fossil fuel subsidy reform internationally. However, its engagement on this topic has been limited. While a growing body of disputes on renewable energy support measures have been brought before the WTO, Members have yet to initiate legal proceedings against subsidies for oil, coal or gas. This Article highlights the range of explanations for this puzzling discrepancy. The Article analyses the compatibility of four selected fossil fuel support measures in the Group of 20 countries with the WTO's 1994 Agreement on Subsidies and Countervailing Measures. In doing so, it identifies some of the key legal questions and challenges faced at the WTO. Specifically, the findings highlight the difficulty of litigating fossil fuel consumption subsidies. In light of these shortcomings, the Article identifies five complementary avenues for reform of international trade policy to enable countries to better address fossil fuel subsidies: (i) promoting technical assistance and capacity building; (ii) enhancing transparency; (iii) pledging subsidy reform and ensuring credible follow-up through reporting and review; (iv) adopting a political declaration; and (v) expanding the category of prohibited subsidies. Some of these options could be pioneered by one or several WTO Members, or through regional, megaregional and plurilateral trade agreements. The adoption of the 2030 Agenda and the Paris Agreement represent a call for more decisive action on climate change and sustainable development, providing a clear mandate for deeper engagement of the international trade community in this space.


Subsidy Regulation in WTO Law

Subsidy Regulation in WTO Law
Author: Anna-Alexandra Marhold
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

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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.


The Green Market Transition

The Green Market Transition
Author: Stefan E. Weishaar
Publisher: Edward Elgar Publishing
Total Pages: 305
Release: 2017-08-25
Genre: Business & Economics
ISBN: 1788111176

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The Paris Agreement’s key objective is the strengthening of the global response to climate change by transitioning the world to an increasingly green economy. In this book, environmental tax and climate law experts examine carbon taxes energy subsidies, and support schemes for carbon and energy policies. Chapters reflect on the underlying policy dynamics and the constraints of various fiscal measures, and consider the harmonisation of smart instrument mixes.


The Politics of Fossil Fuel Subsidies and Their Reform

The Politics of Fossil Fuel Subsidies and Their Reform
Author: Jakob Skovgaard
Publisher: Cambridge University Press
Total Pages: 349
Release: 2018-08-23
Genre: Business & Economics
ISBN: 1108416799

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This comprehensive volume provides the first book-length account on the politics of fossil fuel subsidies. This title is also available as Open Access.