New Energy Subsides Legal Issues Research Under The WTO Framework

Since the beginning of the 21 st century,the issue of energy security has gradually become the focus of attention of various countries.The traditional energy consumption makes each country gradually looking forward to the new energy field.New energy due to its green environmental characteristics,countries have spent a huge human and material resources to support the development and use of new energy industry,the new energy subsidies in the growing surge in the types and forms of subsidies is also varied.But at the same time,under the WTO rules,due to some of the subsidy policy inappropriate and excessive,caused the international economic and trade disputes.How to regulate the new energy subsidy under the framework of WTO,to deal with other countries' countervailing complaints against China,but also reasonable and appropriate use of new energy subsidies policy is worth exploring.This article is divided into four chapters to discuss the legal issues of new energy subsidies under the WTO's SCM agreement.The first chapter is to introduce the rise of new energy and its subsidies.Mainly from the United States,the European Union and other countries of the new energy subsidy model and a comparative analysis,summed up the general approach to new energy subsidies and relevant national legislative policies,combined with the existing trade disputes between countries,led to new energy subsidies in the WTO Framework.The second chapter is about the new energy subsidies and under the framework of the WTO legal nature of the discrimination.Mainly to explore whether the new energy subsidies are "subsidies and countervailing measures Agreement"(SCM Agreement)provisions of the subsidies;furthermore,if the subsidies under the SCM agreement,which is what type of subsidies,the demonstration analysis,the new energy subsidies.There is the risk of being considered as a litigable or proscribed subsidy.At the end of this chapter,through the Sino-US PV case and Japan,the EU and Canada subsidy case reflects the complexity of the new energy subsidy compliance,and the shortcomings of the current WTO rules.The third chapter discusses the new energy subsidies and WTO rules of conflict and coordination.Main regulation of new energy subsidies is mainly through GATT1994 General Exceptions to Article 20 and the applicability of subsidy to environmental protection subsidies in the SCM Agreement for new energy subsidies.At the same time on the new energy subsidies put forward some reform proposals.The fourth chapter is the status of China's new energy subsidies and related issues analysis and make recommendations for improvement,and provide some reference for the legislative revision and mode selection for China's new energy subsidy.