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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.


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.


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.


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.


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.


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.


The Politics of Fossil Fuel Subsidies and Their Reform

The Politics of Fossil Fuel Subsidies and Their Reform
Author: Harro van Asselt
Publisher: Cambridge University Press
Total Pages:
Release: 2018-08-31
Genre: Political Science
ISBN: 110826607X

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Fossil fuel subsidies strain public budgets, and contribute to climate change and local air pollution. Despite widespread agreement among experts about the benefits of reforming fossil fuel subsidies, repeated international commitments to eliminate them, and valiant efforts by some countries to reform them, they continue to persist. This book helps explain this conundrum, by exploring the politics of fossil fuel subsidies and their reform. Bringing together scholars and practitioners, the book offers new case studies both from countries that have undertaken subsidy reform, and those that have yet to do so. It explores the roles of various intergovernmental and non-governmental institutions in promoting fossil fuel subsidy reform at the international level, as well as conceptual aspects of fossil fuel subsidies. This is essential reading for researchers and practitioners, and students of political science, international relations, law, public policy, and environmental studies. This title is also available as Open Access.


How to Rein in Fossil Fuel Subsidies?

How to Rein in Fossil Fuel Subsidies?
Author: Simon Happersberger
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN:

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Fossil fuel subsidies have negative consequences on the climate change, public budgets and and the transition to an environmentally friendly economy. Nevertheless, governments do not keep up with their commitments to phase out fossil fuel subsidies but misallocate again COVID-19 recovery funds in fossil fuel subsidies. This article provides an analysis of the current obstacles for phasing out fossil fuel subsidies and the potential of the WTO to advance a reform on fossil fuel subsidies. It argues that the WTO can contribute to a fossil fuel subsidies reform by its technical expertise in regulating subsidies, by its broad membership and by its institutional setting. Under the current framework of the ASCM, WTO member can use existing mechanisms, such as the TPRM, to increase transparency in the short term and facilitate discussions on the scope of subsidies while mitigating impacts on vulnerable groups or sectors. This would provide the ground for governments to work towards a new and ambitious agreement to stop producer fossil fuels subsidies and phase out consumer fossil fuels subsidies in the mid-to-long-term. However, the phase out of consumer subsidies needs to be carefully designed and embedded, to avoid unintended consequences on energy access and vulnerable households.


Increasing the momentum of fossil-fuel subsidy reform

Increasing the momentum of fossil-fuel subsidy reform
Author:
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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Although systemic, prompt and deep action on fossil-fuel subsidies by the WTO is not seen as a priority among its membership, especially in the face of the slow progress of the Doha Round negotiations and the current financial crisis, trade-related responses to climate change are increasingly seen as part of the future WTO agenda. [...] The low rates of notifications, the lateness in submitting reports and the problems with the accuracy and completeness of reported data have been attributed to one main shortcoming of the 10 Increasing the Momentum of Fossil-Fuel Subsidy Reform: A Roadmap for international cooperation transparency framework under the SCM Agreement. [...] In addition to the negotiations on fish subsidies, there have been some proposals to extend the existing disciplines of the SCM Agreement, namely by the United States and the EC. [...] A significant obstacle to bringing a complaint before the Dispute Settlement Body, or even in requesting consultations, is the burden of proof that is placed on the complaining member to demonstrate the existence and nature of the subsidy (Articles 4.2 and 7.1). [...] The United States proposed to expand the categories of prohibited subsidies and the EC proposed to improve members' abilities to address the adverse impacts of subsidies.