Eu Biofuels Policy—raising the Question of Wto Compatibility

Switzer, Stephanie; McMahon, Joseph A.

doi:10.1017/s0020589311000285

Cited by 12 publications

(8 citation statements)

References 8 publications

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“…, 2006; Condon, 2009; Harmer, 2009; Le Roy et al. , 2009; Swinbank, 2009; Switzer and McMahon, 2010 for details).…”

Section: Wto Trade Concernsmentioning

confidence: 99%

“…Ultimately, any Panel or AB would have to determine likeness case by case (see, inter alia , Charnowitz et al. , 2008; Cheyne, 2009; Switzer and McMahon, 2010).…”

Section: Wto Trade Concernsmentioning

confidence: 99%

“…, 2008; Erixon, 2009; Echols, 2009; Swinbank, 2009; Lendle and Schaus, 2010). Moreover, a number of (mainly legal) scholars have considered whether it is possible, within the existing WTO Agreements, to treat biofuels differently (for example in terms of policies and trade barriers) depending on whether they have been produced sustainably (see, inter alia , Switzer, 2007; De Vera, 2008; Tarasofsky, 2008; Condon, 2009; De Gorter and Just, 2009; Mitchell and Tran, 2009; Switzer and McMahon, 2010).…”

Section: Introductionmentioning

confidence: 99%

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EU Biofuels Sustainability Standards and Certification Systems - How to Seek WTO-Compatibility

Ackrill

Kay²

2011

Journal of Agricultural Economics

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Governments, increasingly, are encouraging the production and consumption of biofuels, as a partial substitute for fossil‐fuel based transport fuels. One reason for this is to contribute to the fight against climate change. Sustainability criteria have been introduced recently by some countries to help ensure biofuels have lower greenhouse gas emissions than fossil fuels. Concerns have been expressed from various quarters that such criteria could represent World Trade Organisation (WTO)‐incompatible barriers to trade. We, first, question recent contributions to the (mainly legal) academic literature which have sought to find ways of allowing biofuels to be treated differently in trade policy terms, based on whether or not they have been derived from feedstocks produced sustainably. We then draw on the Technical Barriers to Trade Agreement (TBTA) to offer guidance as to how to establish WTO‐compatible sustainability criteria. There is little direct case law to draw on at the design stage, but we argue that if TBTA guidance is followed, a long‐term absence of case law could be taken as an indication that the sustainability criteria established are indeed WTO‐compatible.

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“…, 2006; Condon, 2009; Harmer, 2009; Le Roy et al. , 2009; Swinbank, 2009; Switzer and McMahon, 2010 for details).…”

Section: Wto Trade Concernsmentioning

confidence: 99%

“…Ultimately, any Panel or AB would have to determine likeness case by case (see, inter alia , Charnowitz et al. , 2008; Cheyne, 2009; Switzer and McMahon, 2010).…”

Section: Wto Trade Concernsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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EU Biofuels Sustainability Standards and Certification Systems - How to Seek WTO-Compatibility

Ackrill

Kay²

2011

Journal of Agricultural Economics

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“…45 Lendle and Malorie (2010); Switzer and McMahon (2011) However, in an attempt to further check the level of coherence and effectiveness of the measures set down, one could argue that the objectives have not been completely met and even some external issues have arisen: the efforts to solve the problems of fossil fuel dependence and greenhouse gas emissions have actually created several other problems. Looking at the EU biofuel policy from this perspective may make it seem that policy is being totally shaped by the worries stemming from the growth of the biofuel sector.…”

Section: Discussionmentioning

confidence: 99%

Law and Agroecology

Monteduro¹,

Buongiorno²,

Benedetto³

et al. 2015

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“…While the criteria apply equally to biofuels produced inside and outside the European Union, some non-European Union countries producing certain types of biofuels may find themselves more affected by these requirements than the others. A number of studies addressed the WTO compatibility of the sustainability criteria and default values of life-cycle GHG emissions of various types of biofuels (Swinbank and Carsten, 2013;Switzer and McMahon, 2011;Kulovesi, et al, 2011;Mitchell and Tran, 2010;Lendle and Schaus, 2010). In recent years, the European Union biofuel policy led to several dispute settlement proceedings in the WTO.…”

Section: Recent European Union Policies To Promote Second-generation mentioning

confidence: 99%