Research On The Legal Issues Of Subsidies For Renewable Energy Under WTO Legal System

Currently, governments around the world used to take governmental intervention to actively guide the development of renewable energy because of it’s important political and economic strategic position, and subsidies become a frequently method to be chosen by governments as an incentive measure. Whilst governments around the world use subsidies to support domestic enterprises, many disputes concerning renewable energy subsidies arising. Under the background of global concern on climate change, based on the great environmental value of renewable energy, how to find a support of theory and standard for renewable energy subsidies under the framework of WTO becomes a topic which needs urgent attention.This paper will be divided into three chapters.The first chapter introduces the background of renewable energy subsidies. This chapter will start from the concepts of climate change, economic crisis, energy security and policies of renewable energy subsidies of different governments to get a clear understanding of positive significance and current situation of renewable energy subsidies. And then comes up with a thinking on the compliance with WTO legal framework of renewable energy subsidies by analysis of significance of renewable energy subsidies and trade friction some states faced.The second chapter analyzes the environmental values of renewable energy subsidies under the WTO legal framework. Firstly, analyzing current subsidy rules of WTO and the application of renewable energy subsidies under ASCM,then it comes up with ASCM failures to notice the environmental value of renewable energy subsidies. Secondly, it analyzes the possibility of application of this exceptional clause of GATT1994for renewable energy subsidies and comes up with the environmental exception difficultly act on evvironment value. Thirdly, this chapter analyzes the current progress of Doha Round Negotiations on ASCM and Environment Goods, and points out these negotiations couldn’t functioning on renewable energy subsidies currently.At last, this paper analyzes the reasons for legal dilemma of environmental exception for renewable energy subsidies, and concludes some countermeasures.The third chapter discusses the issues on Chinese renewable energy subsidies. It focuses on the case of U.S. anti-dumping and countervailing duties on CSPV cells from China, and then concludes that China needs to adapt to the current rules and to participate in the new rules formulation, and form the response mechanism for disputes, in order to cope with the dilemma.