WTO Regulations and Bioenergy Sustainability Certification – Synergies and Possible Conflicts
AbstractBiofuels are increasingly being produced and consumed as a partial substitute to fossil-fuel based transport fuels in the fight against climate change. One policy introduced recently by some countries to help ensure biofuels perform better than fossil fuels environmentally is sustainability criteria. These, typically, require lower greenhouse gas emissions than fossil fuels, considering not only their use but also production. Concerns have been expressed from various quarters that such criteria could represent WTO-incompatible barriers to trade. The present paper addresses two specific issues. First, it argues that biofuels should be treated like any other traded product under WTO law, in particular the GATT agreement. Thus an importing country could not impose different trade measures dependent on whether the biofuel was produced according to its sustainability criteria. Second, the TBT Agreement provides guidance on how to draw up international standards that can help ensure WTO compatibility. This cannot guarantee such compatibility, but it can help reduce significantly the chances of WTO Members bringing actions against a fellow Member’s biofuels sustainability criteria. There is little direct case law to draw upon, but it is argued that, if the TBT guidance is followed, in the long term the absence of case law can be taken as an indication that sustainability criteria are WTO-compatible.
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Bibliographic InfoPaper provided by Nottingham Trent University, Nottingham Business School, Economics Division in its series Working Papers with number 2010/9.
Date of creation: Dec 2010
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biofuels; sustainability; WTO;
Find related papers by JEL classification:
- F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
- F18 - International Economics - - Trade - - - Trade and Environment
- Q16 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Agriculture - - - R&D; Agricultural Technology; Biofuels; Agricultural Extension Services
This paper has been announced in the following NEP Reports:
- NEP-ALL-2011-01-03 (All new papers)
- NEP-ENE-2011-01-03 (Energy Economics)
- NEP-ENV-2011-01-03 (Environmental Economics)
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- Otavio Ribeiro de Medeiros and Vitor Leone, 2012. "Multiple Changes in Persistence vs. Explosive Behaviour: The Dotcom Bubble," Working Papers 2012/02, Nottingham Trent University, Nottingham Business School, Economics Division.
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