A Study On The Legal Problems Of Barriers To Renewable Energy Trade In China

Developed countries have been using WTO litigations on China since the year2004. WTO litigation has now become a strategic tool for American and Europeancountries to deal with China’s export goods. From2004’s IC Case to2012’s case, inwhich U.S.、EU、Japan complainted China about certain export measures on rareearths、tungsten and molybdenum, the number of China’s alleged cases constantlyincreases while the number of China’s prosecutions to foreign countries are far moreless.To face of the trade sanctions on renewable energy business of foreigncountries,China is in a passive situation.Since China’s current "Renewable Energy Law" and certain laws of trade remedymeasures haven’t formed a complete and effective renewable energy trade protectionlegal system, the state’s renewable energy industry’s regulation and layout in aunscientific situation. Our related cooperations are unaware of their weak qualities tocope with risks, which is not have good effect on the export of China’s high-techindustry and the transformation of foreign trades. Therefore, this paper aims to studyrelated laws,policies and strategies towards the suffered trade barriers from foreigntrade of renewable energy.The first chapter overview of renewable energy and its trade barriers. Firstly,define the concept of renewable energy and its types. Secondly, present the majorforms of renewable energy trade barriers; Finally the legal status of our country in thefield of anti-dumping and countervailing.The second chapter is the study of renewable energy legislation in developedWTO members. This chapter studied the trade remedy legislation and renewableenergy legislation towards the EU, the U.S., Canada’s renewable energy-relatedlegislation, and attributed the main approach these three countries.The third chapter is China’s current situation of renewable energy and theweaknesses to face with the trade barriers. First, an overview of the status ofrenewable energy trade barriers, mainly be explained from legal perspective and policy level. Second,according to the current situation, attributed the defects of lawand policy proposes existing in China’s response to the renewable energy tradebarriers.In the aspect of law: the deficiency of legislation in anti-dumping,anti-subsidyand anti-circumvention,and lack of applicable international law. The policy aspect:renewable energy trade policy is not perfect, renewable energy industry layout isunreasonable, foreign economic development level is not high and low technologylevel of the renewable energy industry.The fourth chapter is the coping strategies for renewable energy tradebarriers,including legal and policy aspects. First, the legal aspects.Improve traderemedy legislation: improved anti-dumping legislation, countervailing legislation andanti-circumvention legislation. Improve renewable energy legislation: to enrich thelegal system of renewable energy, expanding the scope of the renewable energyapplication, to make sure legal subject of renewable energy, to build overseas tradeinsurance system of renewable energy. Second, policy strategies. Governmentstrategies: develop effective conservation strategies for renewable energy, make ascientific and rational plan of the layout for the renewable energy industry, toestablish an open and free trade market for renewable energy, to ensure a fair andimpartial environment to the renewable energy. Corporate strategies: to improve thelevel of industrial technology, the establish the legal department of foreign trade andattach importance to the role of industry associations. Hope strategies above canimprove our ability to respond to the renewable energy trade barriers.