Abstract
Recent years have witnessed escalating trade conflicts concerning various renewable energy supportive policy measures that are carried out domestically. In parallel to a few high-profile disputes initiated via the World Trade Organization (WTO) dispute settlement system, an aggressive resort to unilateral trade remedies against renewable energy products, particularly among major renewable energy producer countries, is also conspicuous. The pervasive use of trade remedies is bound to bring tensions to trade relations and impede the development of renewable energy, the latter of which can slow down efforts made to address climate change. This chapter attempts to elaborate on the issue of renewable energy trade remedies, specifically between the EU and China and proposes solutions that can reduce or even eliminate the use of remedial measures. It starts with the discussion of renewable energy industrial policies and delineation of relevant WTO rules. The following part touches upon the EU’s imposition of remedial measures against Chinese solar panels. The use of remedial measures against renewable energy products is far from an ideal solution for trade conflicts between the EU and China. Cooperation instead of confrontation is called upon with the presence of huge economic benefits and profound climate-related considerations underlying renewable energy sector. This chapter puts forward the idea of reaching a bilateral agreement between the EU and China that specifically deals with the use of trade remedies targeting renewable energy goods.
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Notes
- 1.
The WTO safeguard provisions prove to be more difficult to be used to obtain relief, thus, safeguard measures are not frequently used as a trade remedy. See, Bown (2002) ‘Why are Safeguards Under the WTO So Unpopular?’ in World Trade Review.
- 2.
See the SCM Agreement, which governs the use of CVD measures and Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-dumping Agreement), which governs how to use anti-dumping duties.
- 3.
See SCM Agreement Article 7 and Anti-dumping Agreement Article 3.
- 4.
See SCM Agreement Article 21.1.
- 5.
See Anti-dumping Agreement Article 11.
- 6.
The Paris Agreement Article 4 paragraph 2 stipulates that each party shall prepare, communicate and maintain successive nationally determined contributions that it intends to achieve. For instance, China lists specific goals as “to achieve peak carbon dioxide emissions by approximately 2030, or sooner as best efforts allow; to increase the share of non-fossil fuels in the primary energy mix to approximately 20%…” The EU and its Member States are committed to “a binding target of an at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990” (United Nations 2015, p. 4).
- 7.
See, National Board of Trade (2013).
- 8.
See, Council Regulation EC No 384/96 on protection against dumped imports from countries not members of the European Community.
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Meng, F. (2019). The Rise of Trade Remedies in the Renewable Energy Sector and the Need for Bilateral Agreement Between the EU and China. In: Hefele, P., Palocz-Andresen, M., Rech, M., Kohler, JH. (eds) Climate and Energy Protection in the EU and China. Springer, Cham. https://doi.org/10.1007/978-3-319-99837-4_5
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