“加拿大电力保障措施案”的WTO法律问题研究

A Study on the Law Issue of " Canadian Power Safeguard Measures" in the WTO Frame

针对可再生能源的发展存在技术成本高等一系列的难题,各国均推出了扶持本国可再生能源发展的政策,但该项政策的执行却给WTO提出了问题。以DS412为例:SCM协定无法界定可再生能源领域的政府补贴措施是否是法律意义上的补贴,因此无法对政府的扶持行为进行约束,在一定程度上违背了协议达成之初的宗旨,未来或许通过开启SCM协定第8条才能解决该问题。

Due to its recycleable and environment-friendly features, renewable energy is gaining popularity all over the world. However, the defects of the renewable energy such as the high cost have affected its own development. Therefore, many countries have put forward their own prefer- ential policies concerning the development of renewable energy, whose enforcement has brought quite a few issues to the WTO. Take Ds412 as an example. The SCM Agreement can＇t decide wheather the government＇s subsidies in the field of renewable energy are the ones in the legal sense. Hence it has no binding force to the governments＇ support behavior, which, to some ex- tent,is against the original objectives of the SCM Agreement. In the future the problem may be solved by Initiating the Article 8 of the SCM Agreement.