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11 - The Politics of Renewables: Lessons for International Economic Dispute Settlement from Renewable Energy Disputes

from Part III - New Issue Areas and Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
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Summary

Renewable energy is playing a central role in countries’ efforts to diversify and move away from the use of fossil fuels. The shift to a low-carbon economy, through renewable energy power generation, is hugely dependent on public and private, domestic and foreign investments in the sector. However, the private sector, which is an important player for advancing the renewable energy sector, is faced with policy uncertainties and low returns on investments as compared to traditional energy sources (Mathews 2010). Therefore, the initial high costs of moving into the renewable energy sector need to be balanced out with governmental support that incentivizes investment in the renewable energy sector (Wilke 2011). The economic rationale behind government support for renewable energy rests on the fact that it has to overcome market failures arising from the inability of markets to account for social and environmental costs of greenhouse gas emissions due to the use of traditional fossil fuels, while the environmental argument rests on advancing renewable energy production as a means of climate change mitigation (Peat 2012).

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
, pp. 297 - 322
Publisher: Cambridge University Press
Print publication year: 2021

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References

Bodansky, D. 2015. “Reflections on the Paris Conference,” 15 December, http://opiniojuris.org/2015/12/15/reflections-on-the-paris-conference/.Google Scholar
Boute, A. 2012. “Combating Climate Change Through Investment Arbitration Changes,” Fordham International Law Journal 35(3): 613–64.Google Scholar
Del Río, P. and Mir-Artigues, P. 2014. “A Cautionary Tale: Spain’s Solar PV Investment Bubble,” Global Subsidies Initiative, International Institute for Sustainable Development.Google Scholar
Howse, R. 2010. Climate Mitigation Subsidies and the WTO Legal Framework: A Policy Analysis. Winnipeg, Canada: International Institute for Sustainable Development.Google Scholar
Jha, V. 2012. “Trends in Investor Claims Over Feed-in Tariffs for Renewable Energy,” Investment Treaty News, 19 July, www.iisd.org/itn/2012/07/19/trends-in-investor-claims-over-feed-in-tariffs-for-renewable-energy/.Google Scholar
Jha, V. 2017. “Sunny Skies Ahead? Political Economy of Climate, Trade and Solar Energy in India,” Trade, Law and Development 9(2): 138–87.Google Scholar
Kent, A. and Jha, V. 2014. “Keeping Up with the Changing Climate: The WTO’s Evolutive Approach to Answer the Trade and Climate Conundrum,” Journal of World Investment and Trade 15(1–2): 245–71.Google Scholar
Kulovesi, K. 2014. “International Trade Disputes on Renewable Energy: Testing Ground for the Mutual Supportiveness of WTO Law and Climate Change Law,” Review of European Community and International Environmental Law 23(3): 342553.Google Scholar
Kuntze, J. and Moerenhout, T. 2013. Local Content Requirements and the Renewable Energy Industry – A Good Match? Geneva, Switzerland: International Centre for Trade and Sustainable Development.Google Scholar
Leal-Arcas, R. and Filis, A. 2015. “Renewable Energy Disputes in the World Trade Organization,” Transnational Dispute Management 12(3): 151.Google Scholar
Lewis, J.I. 2014. “The Rise of Renewable Energy Protectionism: Emerging Trade Conflicts and Implications for Low Carbon Development,” Global Environmental Politics 14(4): 1035.Google Scholar
Mahalingam, A. and Reiner, D.M. 2016. “Energy Subsidies at Times of Economic Crisis: A Comparative Study and Scenario analysis of Italy and Spain,” EPRG Working Paper 1603, Cambridge Working Paper in Economics 1608, 23 January, available at: www.eprg.group.cam.ac.uk/wp-content/uploads/2016/02/1603-PDF.pdf.Google Scholar
Mathews, J. et al. 2010. “Mobilizing Private Finance to Drive an Energy Industrial Revolution,” Energy Policy 38(7): 3263–5.Google Scholar
Matteotti, S. and Payosova, T. 2017. “The Role of the Fair and Equitable Treatment Standard: Regulatory Coherence for Trade and Investment in Renewable Energy.” In Cottier, T. and Espa, I., I. (Eds.), International Trade in Sustainable Electricity: Regulatory Challenges in International Economic Law, Cambridge: Cambridge University Press, pp. 428–56.Google Scholar
Meyer, T. 2013. “Energy Subsidies and the World Trade Organization,” ASIL Insights, 10 September, www.asil.org/insights/volume/17/issue/22/energy-subsidies-and-world-trade-organization.Google Scholar
Meyer, T. 2015. “How Local Discrimination Can Promote Global Public Goods,” Boston University Law Review 95: 19392037.Google Scholar
Payosova, T. 2017. “Climate Change Mitigation and Renewable Energy.” In Cottier, T. and Schefer, K.N. (Eds.), Elgar Encyclopedia of International Economic Law. United Kingdom: Edward Elgar Publishing, pp. 625–7.Google Scholar
Peat, D. 2012. “The Perfect FIT: Lessons for Renewable Energy Subsidies in the World Trade Organization,” LSU Journal of Energy Law and Resources 1: 4366.Google Scholar
Polanco, R. 2017. “Integrating Trade, Investment and Climate Change.” In Cottier, T. and Schefer, K.N. (Eds.), Elgar Encyclopedia of International Economic Law. United Kingdom: Edward Elgar Publishing, pp. 634–6.Google Scholar
Polanco, R., de Sépibus, J. and Holzer, K. 2017. “TTIP and Climate Change: How Real Are Race to the Bottom Concerns?Carbon & Climate Law Review 3: 206–22.Google Scholar
Puig, S. 2014. “International Regime Complexity and Economic Law Enforcement,” Journal of International Economic Law 17(3): 491516.Google Scholar
Puig, S. 2015. “The Merging of International Trade and Investment Law,” Berkeley Journal of International Law 33(1): 159.Google Scholar
Puig, S. 2016. “Tobacco Litigation in International Courts,” Harvard International Law Journal 57(2): 383482.Google Scholar
Rajamani, R. 2015. “Paris Triumph,” The Indian Express, 16 December, http://indianexpress.com/article/opinion/columns/united-nations-paris-cliamte-agreement-triumph/.Google Scholar
Reuters 2019. “Spain Offers Green Energy Investors Incentives to Drop Lawsuits,” 22 November, www.reuters.com/article/us-spain-energy/spain-offers-green-energy-investors-incentives-to-drop-lawsuits-idUSKBN1XW1V1.Google Scholar
Reynoso, I. 2019. “Spain’s Renewable Energy Saga: Lessons for International Investment Law and Sustainable Development,” Investment Treaty News, 27 June, www.iisd.org/itn/2019/06/27/spains-renewable-energy-saga-lessons-for-international-investment-law-and-sustainable-development-isabella-reynoso/.Google Scholar
Rubini, L. 2012. “Ain’t Wastin’ Time No More: Subsidies for Renewable Energy, the SCM Agreement, Policy Space, and Law Reform,” Journal of International Economic Law 15(2): 525–79.Google Scholar
Shaffer, G. 2018. “A Tragedy in the Making? The Decline of Law and the Return of Power in International Trade Relations,” Yale Journal of International Law, 25 November.Google Scholar
Stavins, R.N. 2015. “Paris Agreement – A Good Foundation for Meaningful Progress,” 14 December, www.rff.org/blog/2015/paris-agreement-good-foundation-meaningful-progress.Google Scholar
Stephenson, S. 2013. Addressing Local Content Requirements in a Sustainable Energy Trade Agreement. Geneva, Switzerland: International Centre for Trade and Sustainable Development.Google Scholar
Stewart, R. et al. 2013. “Building Blocks for Global Climate Protection,” Stanford Environmental Law Journal 32(2): 341–92.Google Scholar
Sykes, A.O. 2010. “The Questionable Case for Subsidies Regulation: A Comparative Perspective,” Journal of Legal Analysis 2(2): 473523.Google Scholar
Tienhaara, K. 2018. “Regulatory Chill in a Warming World: The Threat to Climate Policy Posed by Investor-State Dispute Settlement,” Transnational Environmental Law 7(2): 229–50.Google Scholar
UNFCCCa. 2015. “Adoption of the Paris Agreement,” FCCC/CP/2015/L.9/Rev.1, 12 December, https://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf.Google Scholar
UNFCCCb. 2015. “Synthesis Report on the Aggregate Effect of the Intended Nationally Determined Contributions,” FCCC/CP/2015/7, 30 October, http://unfccc.int/resource/docs/2015/cop21/eng/07.pdf.Google Scholar
United Nations. 2006. “Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law,” Report of the Study Group of the International Law Commission, Finalized by Martti Koskenniemi. UN Doc A/CN.4/L.682 and Add.1 and Corr. 1, 13 April, http://legal.un.org/ilc/documentation/english/a_cn4_l682.pdf.Google Scholar
Victor, D. 2015. “Why Paris Worked: A Different Approach to Climate Diplomacy,” 15 December, http://e360.yale.edu/feature/why_paris_worked_a_different_approach_to_climate_diplomacy/2940/.Google Scholar
Voon, T., Mitchell, A. and Munro, J. 2015. “Good Faith in Parallel Trade and Investment Disputes.” In Mitchell, A., Sornarajah, M. and Voon, T. (Eds.), Good Faith and International Economic Law. Oxford: Oxford University Press, pp. 6087.Google Scholar
Wagner, M. 2014. “Regulatory Space in International Trade Law and International Investment Law,” University of Pennsylvania Journal of International Law 36: 187.Google Scholar
Wilke, M. 2011. Feed-in Tariffs for Renewable Energy and WTO Subsidy Rules: An Initial Legal Review. Geneva, Switzerland: International Centre for Trade and Sustainable Development.Google Scholar
Wu, M. and Salzman, J. 2014. “The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy,” Northwestern Law Review 108: 401–74.Google Scholar

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