The Consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements: The Case of Biofuels
This article examines the consistency of the European Union Renewable Energy Directive with 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: (i) the EU Renewable Energy Directive is prima facie inconsistent with the EU’s obligations under the GATT and, (ii) to the extent that the Directive falls within the scope of the TBT Agreement, it is also inconsistent with that agreement.
Focusing on the case of biofuels, this article examines the consistency of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/ EC and 2003/30/EC (EU Renewable Energy Directive) with the European Union’s (EU) obligations under the World Trade Organization (WTO) Agreements. The article centers on the obligations under the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement). The purpose of this article is to summarise the current state of the law on issues relevant to the EU Renewable Energy Directive and to apply that law to assess the consistency of the Directive with the EU’s WTO obligations. The focus is on the text of the agreements themselves and the previous case law rather than on policy arguments that have been well-rehearsed in the literature. Although such normative debates are important, it is now timely to review the treaty text and current state of the case law given the potential for a WTO challenge to the Directive.
| Copyright: | © Lexxion Verlagsgesellschaft mbH | |
| Quelle: | Issue 01/2010 (Juli 2010) | |
| Seiten: | 12 | |
| Preis inkl. MwSt.: | € 41,65 | |
| Autor: | Professor Andrew Mitchell  Christopher Tran | |
| Artikel weiterleiten | In den Warenkorb legen
| Artikel kommentieren |
Diese Fachartikel könnten Sie auch interessieren:
Voll unter Strom: Bis 2050 Versorgung durch Erneuerbare Energien möglich – vielleicht:
© Deutscher Fachverlag (DFV) (8/2010)
Die Europäische Klimastiftung (ECF) hat eine von McKinsey erstellte Studie zur Stromversorgung der Zukunft veröffentlicht.
Regulating Renewable Energy in the European Union
© Lexxion Verlagsgesellschaft mbH (7/2010)
Renewables are a key part of the EU 20-20-20 strategy and the EU energy and climate change policy as a whole. The European Commission adopted its Europe 20-20 strategy for a green, competitive and innovative Europe as the overarching policy framework for the Commission in the decade to come. Energy features prominently at the level of the new headline targets. The Commission is committed to ensure that its ambitious targets are achieved.
The Role of Renewable Energy in German Climate Change Policy
© Lexxion Verlagsgesellschaft mbH (10/2010)
Germany has been a leader in regional and international efforts to address climate change. Renewable energy has assumed a central role in national efforts to reduce greenhouse gas emissions. This article analyzes the various policy instruments that have helped Germany become the world’s largest producer of renewable energy, most importantly the Electricity Feed-In Act and Renewable Energy Sources Act.
Mitigating Climate Change by Using Horse Manure as an Energy Source in Finland
© Lexxion Verlagsgesellschaft mbH (10/2010)
Using horse manure and bedding material as an energy source is an option that deserves consideration in the context of the EU objectives for increasing the use of energy from renewable sources and mitigating climate change.
The Role of Renewables in the Interaction between Climate Change Policy and Energy Security in Europe
© Lexxion Verlagsgesellschaft mbH (7/2010)
After decades of hesitation, there is now growing concensus among European Union (EU) member states that European energy policy objectives can best be achieved at the EUlevel, with climate change policy already having led to a degree of energy policy harmonisation at the expense of member state autonomy.
