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Countervailing Legal Remedies on China' s Clean Energy Industry

Countervailing Legal Remedies on China's Clean Energy Industry
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摘要 Clean energy and its related industries have become the focus of national competitiveness.Each country has introduced a large number of measures including subsidies in order to support the development of its clean energy industries.The WTO’s"Agreement on Subsidies and Countervailing Measures"does not expressly regulate the subsidies of clean energy,which caused the United States to request consultations with China concerning subsidies measures to enterprises manufacturing wind power equipment.China should promote green subsidies back to the SCM Agreement and build reasonable subsidy mechanism of the clean energy industry.Our government and related enterprises should apply countervailing multilateral and domestic judicial remedy procedure. Clean energy and its related industries have become the focus of national competitiveness. Each country has introduced a large number of measures including subsidies in order to support the development of its clean energy industries. The WTO' s "Agreement on Subsidies and Countervailing Measures" does not expressly regulate the subsidies of clean energy, which caused the United States to request consultations with China concerning subsidies measures to enterprises manufacturing wind power equipment. China should promote green subsidies back to the SCM Agreement and build reasonable subsidy mechanism of the clean energy industry. Our government and related enterprises should apply countervailing multilateral and domestic judicial remedy procedure.
作者 Li Yu
出处 《学术界》 CSSCI 北大核心 2013年第10期254-261,共8页 Academics
基金 the research results of 2010 philosophy social science project of Education Department of Jiangsu Province(2010SJB820007) “The legal path of China’s implementation of international environmental conventions under the background of low carbon economy”
关键词 能源产业 补贴 法律救济 中国 风力发电设备 清洁能源 企业生产 国家竞争力 clean energy countervailing subsidies SCM Agreement WT/DS410 WT/ DS440
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参考文献6

  • 1See Kevin Eber, Clean Energy Aspects of the American Recovery and Reinvestment Act, http ://www. re- newableenergyworld, com.
  • 2http ://www. mofcom, gov. cn. The United States Department of Commerce announced the preliminary re- sult of Chinese solar cell anti - subsidy investigation.
  • 3Chen Liqiang, On the Private Enforcement of the GATY/WTO Agreement - An American Law Perspec- tive, Modem Science of Law,2008.
  • 4See China - Measures concerning wind power equipment, Request for Consultations by the United States, WT/DS419/1,6January 201 I.
  • 5Huang Zhixiong, Luo Yan, Legal Problems of U. S - China Renewable Energy Trade - Improvement on the WTO Green Subsidy Rules,Law and Business Studies,2011.
  • 6See United States - Countervailing and Anti -dumping Measures on Certain Products from China, WT/ DS449/17, September 2012.

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