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Environmental Law

2013

San Diego Journal of Climate & Energy Law

International trade liability

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Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send Jan 2013

Climate Changes Disputes At The World Trade Organization: National Energy Policies And International Trade Liability, Nilmini Silva-Send

San Diego Journal of Climate & Energy Law

This Article draws attention to the different outcomes that may result when WTO law is applied to resolve climate related national energy policy disputes, signals this might send for national energy policies, and how a subtle effect of indirect state liability may arise. Several pending or unresolved complaints currently at the WTO are used to demonstrate these effects. The complaints include the greenhouse gas controversy, the wind energy subsidies complaint, and the feed-in tariffs complaint. The next section, Section II, presents the basic WTO obligations of the four countries involved in these complaints (Japan, Canada, USA, China), and ways that ...