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Trade in Environmental Goods: A Review of the WTO Appellate Body's Ruling in US‒Countervailing Measures (China)

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  • BREWSTER, RACHEL
  • BRUNEL, CLAIRE
  • MAYDA, ANNA MARIA

Abstract

In this paper we claim that, in the WTO Appellate Body (AB)'s ruling in US‒Countervailing Measures (China), the AB decision has not put in question the practice of imposing countervailing duties (CVDs). While the US has formally ‘lost’ the case, a change in the procedures and tests used to motivate the CVD will allow the US to continue using this policy tool on the specified products. From an economic point of view, this is not welcome news since CVDs have the standard distortionary effects of tariffs and could go against environmental goals. From a political-economy point of view, the CVDs in this case appear driven by pressure of domestic manufacturers of clean energy technology and products.

Suggested Citation

  • Brewster, Rachel & Brunel, Claire & Mayda, Anna Maria, 2016. "Trade in Environmental Goods: A Review of the WTO Appellate Body's Ruling in US‒Countervailing Measures (China)," World Trade Review, Cambridge University Press, vol. 15(2), pages 327-349, April.
    • Handle: RePEc:cup:wotrrv:v:15:y:2016:i:02:p:327-349_00
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    1. Grossman, Gene M & Helpman, Elhanan, 1994. "Protection for Sale," American Economic Review, American Economic Association, vol. 84(4), pages 833-850, September.
    2. Gavin Goh & Andreas R. Ziegler, 2003. "Retrospective Remedies in the WTO after Automotive Leather," Journal of International Economic Law, Oxford University Press, vol. 6(3), pages 545-564, September.
    3. Collie, David, 1991. "Export subsidies and countervailing tariffs," Journal of International Economics, Elsevier, vol. 31(3-4), pages 309-324, November.
    4. Rodney D. Ludema & Anna Maria Mayda, 2013. "Do terms-of-trade effects matter for trade agreements? Theory and evidence from WTO Countries," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 128(4), pages 1837-1893.
    5. Wang, Zhongying & Qin, Haiyan & Lewis, Joanna I., 2012. "China's wind power industry: Policy support, technological achievements, and emerging challenges," Energy Policy, Elsevier, vol. 51(C), pages 80-88.
    6. Brander, James A. & Spencer, Barbara J., 1985. "Export subsidies and international market share rivalry," Journal of International Economics, Elsevier, vol. 18(1-2), pages 83-100, February.
    7. Katherine Baylis, 2007. "Unfair Subsidies and Countervailing Duties," Chapters, in: William A. Kerr & James D. Gaisford (ed.), Handbook on International Trade Policy, chapter 33, Edward Elgar Publishing.
    8. Joanna I. Lewis, 2014. "The Rise of Renewable Energy Protectionism: Emerging Trade Conflicts and Implications for Low Carbon Development," Global Environmental Politics, MIT Press, vol. 14(4), pages 10-35, November.
    9. Aaron Cosbey & Petros C. Mavroidis, 2014. "A Turquoise Mess: Green Subsidies, Blue Industrial Policy and Renewable Energy: The Case for Redrafting the Subsidies Agreement of the WTO," Journal of International Economic Law, Oxford University Press, vol. 17(1), pages 11-47.
    10. Dixit, Avinash K, 1989. "Entry and Exit Decisions under Uncertainty," Journal of Political Economy, University of Chicago Press, vol. 97(3), pages 620-638, June.
    11. Schwartz, Warren F & Sykes, Alan O, 2002. "The Economic Structure of Renegotiation and Dispute Resolution in the World Trade Organization," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 179-204, January.
    12. Aaron Cosbey & Petros C. Mavroidis, 2014. "A Turquoise Mess: Green Subsidies, Blue Industrial Policy and Renewable Energy: the Case for Redrafting the Subsidies Agreement of the WTO," RSCAS Working Papers 2014/17, European University Institute.
    13. Haley, Usha C.V. & Haley, George T., 2013. "Subsidies to Chinese Industry: State Capitalism, Business Strategy, and Trade Policy," OUP Catalogue, Oxford University Press, number 9780199773749.
    14. Petros C. Mavroidis, 2014. "A Turquoise Mess: Green Subsidies, Blue Industrial Policy and Renewable Energy: the Case for Redrafting the Subsidies Agreement of the WTO," EUI-RSCAS Working Papers p0368, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
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    Cited by:

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    2. Swati Dhingra & Timothy Meyer, 2021. "Leveling the Playing Field: Industrial Policy and Export-Contingent Subsidies in India-Export Measures," RSCAS Working Papers 2021/15, European University Institute.

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