Full Title: Certain Legal Aspects of the Multilateral Trade System and the Promotion of Renewable Energy
Author(s): Rafael Leal-Arcas, Andrew Filis
Publisher(s): Cambridge University Press
Publication Date: January 1, 2014
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Description (excerpt):
The multilateral trade system aims at the eventual total liberalization of cross-border trade through the removal of as many trade barriers – such as tariffs, quantitative restrictions, and trade-distortive practices – as may be politically acceptable to the economic areas involved.
On the occasion of recent WTO cases that contain findings against Canada in relation to a regional measure aimed at the promotion of renewable energy, it may be pertinent to examine the degree to which the existing WTO normative framework may permit its members policy space to take measures aimed at promoting renewable energy. To that end, we provide a tour d’horizon of the WTO rules that are likely to be engaged by such policies. As part of this, we examine the GATT/WTO system’s evolved responsiveness towards environmental objectives. Finally, we highlight whatever perceived systemic obstacles might exist to the meaningful bridging of the WTO’s environmental objectives with its core trade liberalization objectives.