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The Applicability of the Law of the WTO to Green Energy Security
#MMPMIDC7160463
Rutherford A
Energy Security and Green Energy
2020[]; ? (?): 103-39
PMIDC7160463
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This chapter explores a new perspective for the debate surrounding green energy
disputes within the current WTO rules. Studies of green energy trade under the
WTO have predominantly focused on the balance between WTO obligations and
domestic public policy space for green energy initiatives as a way to address
environmental and climate change objectives. This chapter, however, analyses
whether there is any flexibility within the current WTO rules, specifically the
GATT exceptions, and the interpretations given to them, that permit trade
restrictive measures that support national green energy policies with a view of
ensuring energy security. Overall, this chapter demonstrates that (i) green
energy development has increasingly come to be associated with energy security in
the WTO jurisprudence, and (ii) there might be some room for green energy
security within the defences under GATT Articles III:8(a), Article XX(a) and (j)
and Article XXI. However, these defences have limited applicability and may also
have undesirable outcomes.
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