Research On The Issue Of New Energy Subsidies Under The Framework Of WTO Rules

In order to cope with climate change,resolve energy crisis and achieve sustainable development,many countries are actively seeking and promoting the development and utilization of new energy.However,in the early stage of the development of new energy industry,its research and production costs are relatively high,and the economic benefit is difficult to compete with the traditional energy industry.As a result,many countries subsidize their new energy industries,and trade frictions with new sources of energy are increasing.The development of new energy industry accords with the legislative purpose of WTO and conforms to the realistic demand of the international community for the protection of ecological environment.Therefore,the existence of new energy subsidies is reasonable and necessary.But existing WTO rules of hysteresis and imperfect,can not provide reasonable institutional basis for new energy subsidies,therefore,to perfect the WTO rules in this area of dispute settlement,coordinate the relationship between trade and environment under the new era is of important theoretical significance and practical significance.The structure of the full text is as follows:Part one:This paper analysis the background and the current station of the new energy subsidy.Meanwhile this part mainly combines the current situation and subsidy situation of new energy legislation in various countries,and analyzes the necessity of new energy subsidies.Part two: The application of new energy subsidies under WTO rules is applicable.This paper mainly introduces the definition and recognition criteria of SCM on subsidies,and analyzes the legal attributes of new energy subsidies in combination with relevant cases.Part three: The application of new energy subsidy under the existing WTO provisions is analyzed.This paper focuses on the legal issues that need to be resolved when the new energy subsidies apply to the SCM agreement and the GATT1994 general exception clause.Part four: This part puts forward some Suggestions for adjusting the new energy subsidy rules under the WTO framework,and discusses how to regulate the new energy subsidies which may affect free trade.