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Theoretical And Empirical Study On Renewable Energy Subsidy Measures Under WTO Framework-also On The Enlightenment To China's Response To Renewable Energy Subsidy Disputes

Posted on:2018-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q X FuFull Text:PDF
GTID:2346330515464475Subject:International Law
Abstract/Summary:PDF Full Text Request
The Paris Conference,held in 2015,once again focused its attention on climate change.Prior to this,the world has made a lot of efforts to deal with climate change,global warming and other environmental issues,and formed a number of measures to deal with climate change."Paris Agreement" marks the global climate change governance into a new era,renewable energy is about to replace the traditional fossil energy,becoming the choice of more and more countries.In order to develop the domestic renewable energy industry and enhance the international competitiveness of the renewable energy industry,countries will usually subsidize their renewable energy sources,which may violate the WTO Agreement on Subsidies and Countervailing Measures(ASCM),triggering an international trade dispute on renewable energy.The study of the relationship between renewable energy subsidies and related theories can not only help China to avoid such disputes,but also find a new way out for China's renewable energy subsidies.In this paper,the combination of theoretical analysis and empirical analysis,and mining ratio analysis method,divided into five parts to illustrate the problem.The first part,the concept of renewable energy and renewable energy subsidies for the basic introduction,the purpose is to let us understand what is renewable energy,why the development of renewable energy and what measures on the development of renewable energy,and pointed out that these measures may conflict with the WTO subsidy rules.The second part,the major countries and regions of renewable energy subsidies.Explore the renewable energy subsidy policy in the United States,the European Union and Canada from both legislative and subsidized policies.After the study concluded that these countries have some common features of renewable energy subsidies,having some implications on renewable energy subsidies of China.The third part,the theoretical analysis of subsidies for renewable energy.This paper mainly discusses the definition and classification of subsidy in SCM agreement.Explain Article 20 of GATT 1994 and analyze the possibility of applying the general exception clause to renewable energy subsidy measures.Secondly,it discusses the criteria of subsidy in the SCM agreement,which is mainly from the aspects of financial aid and benefit.This is also the focus of such dispute.Finally,analyze the need for a renewable energy subsidy under the Paris Agreement.The theoretical part of the study can find a theoretical basis for China's renewable energy subsidies,trying to avoid violations of WTO rules.The fourth part,the empirical analysis of renewable energy subsidies.This section selects three representative examples of renewable energy subsidy trade disputes,namely,Canada Renewable Energy Case,EU China Light Case,US v.China Wind Power Subsidy Case.First of all,make a brief introduction of these cases,followed by analysis of the two sides' controversial focus.There are two issues: the existence of export subsidies or import substitution subsidies;Second,if "local ingredients" violates the provisions of the SCM agreement.Finally,through the case found that there are many loopholes and deficiencies exist in the WTO rules,need to be improved.The fifth part,settlement path on renewable energy trade dispute of China under the framework of WTO.Combined with the conflict between the renewable energy subsidy measures and the WTO rules and the relevant suggestions of the WTO rules,and learn from the experience of renewable energy subsidies in other countries,from both the Chinese government and enterprises to explain the settlement path on renewable energy trade dispute of China.
Keywords/Search Tags:Renewable energy subsidies, SCM agreement, GATT 1994
PDF Full Text Request
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