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SCM Agreement Revisited: Climate Change, Renewable Energy, and the SCM Agreement

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  • LEE, JAEMIN

Abstract

Climate change poses a grave threat to the international community, thus prompting global action on all fronts. Various ‘green energy programs’ are being adopted by many governments. To the extent that governmental support is indispensable for the initiation and maintenance of these green energy programs, the SCM Agreement is directly implicated in this regard. Unfortunately, the agreement does not include any exceptions to these programs, even if the exceptions are undertaken due to the growing concerns of the global community. Under such circumstances, a practical solution should be found from within the existing framework, and be derived from an interpretation of the present SCM Agreement based on current jurisprudence. The collective jurisprudence of the WTO arguably stands for the proposition that certain renewable energy programs constitute ‘general infrastructure’ projects of a state, and thus are excluded from the financial contributions by the government under Article 1.1(a)(1)(iii) of the SCM Agreement.

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  • Lee, Jaemin, 2016. "SCM Agreement Revisited: Climate Change, Renewable Energy, and the SCM Agreement," World Trade Review, Cambridge University Press, vol. 15(4), pages 613-644, October.
    • Handle: RePEc:cup:wotrrv:v:15:y:2016:i:04:p:613-644_00
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    Cited by:

    1. Nelson, Douglas & Puccio, Laura, 2021. "Nihil novi sub sole: The Need for Rethinking WTO and Green Subsidies in Light of United States – Renewable Energy," World Trade Review, Cambridge University Press, vol. 20(4), pages 491-508, October.

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