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Archive for December, 2015

Paolo Davide Farah, “Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage” (with Riccardo Tremolada), 94 OREGON LAW REVIEW 1, December 2015, pp. 125 – 177.

The paper is fully available at the following link:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2705698

Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Riccardo Tremolada

Cleary Gottlieb Steen & Hamilton LLP; gLAWcal – Global Law Initiatives for Sustainable Development

Abstract

The ability to protect and safeguard cultural heritage is of vital importance to some communities. Without the ability to maintain control over these expressions, external subjects could freely appropriate them, which could negatively affect the community’s identity, spirituality, and general well-being. Increasing awareness regarding cultural heritage provides momentum to better define a legal framework for the protection of the intangible goods that constitute cultural heritage. It is fundamental to ascertain whether the current intellectual property rights (IPR) regime represents an adequate model of protection vis-à-vis intangible cultural heritage (ICH). The culture’s unique concerns, which variably affect ICH, make it difficult to compare the rationales for these two legal domains. These concerns are pivotal in elaborating the need for legal protection. Not only does misuse and misappropriation of ICH cause economic damage, but it also violates the community’s human rights and identity.

Accordingly, a range of issues must be taken into consideration, starting with the desirability of the commodification, or “reification,” which would allow communities to control the commercialization of their ICH through the current IPR regime. To adequately address concerns about commodification, a legal framework must be developed that can guarantee adequate advantages for the countries and communities where the intangible goods originate. This legal framework must, in due time, boost the efforts of these communities to promote a self-sustainable model of economic development and lead them through the inevitable social policy changes that would accompany new ICH protections.

Therefore, our study aims to clarify theoretical and practical legislative tools available to help the actors concerned ascertain how to exploit, trade, and market their own resources and heritage within the global market. Bearing in mind that there are numerous potential legal remedies or amendments to the current legal regime covering the protection of cultural heritage, it is not conceivable to tackle this issue as one uniform hurdle. Each community’s ICH concerns are extremely specific, and, as a result, it may be appropriate to apply ad hoc legal remedies to some, but not all, circumstances involving ICH.

This analysis consists of five Parts. Part I defines fundamental concepts associated with ICH. Part II looks at ICH as a continuous process of social involvement that helps preserve cultural identification. Part III analyzes the current forms of protection available for cultural expression and knowledge. Part IV discusses the shortcomings of adopting a single, all-embracing, umbrella solution and analyzes ways in which the current IPRs can help protect ICH. And finally, Part V proposes ways to modify and improve the current IPRs to protect ICH more efficiently.

Keywords: Intellectual Property, IP, Technology Transfer, Human Rights, Sustainable Development, Intangible Cultural Heritage, Indigenous People, Commodification, Local Communities, IPR, ICH, UNESCO, Patents, Copyrights, Trademarks

JEL Classification: O30, O31, O32, O33, O34, O38, O39, K11, K12, K33

Farah, Paolo Davide and Tremolada, Riccardo, Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage, Oregon Law Review, Vol. 94, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2705698

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Paolo Davide Farah, “WTO and Renewable Energy: Lessons from the Case Law” (with Elena Cima), 49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116. The article is fully available at:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704453

WTO and Renewable Energy: Lessons from the Case Law

49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Elena Cima

Graduate Institute of International Studies; Yale Law School

Abstract

This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a country’s renewable energy sector on the other, provide momentum to better define the legal framework offered by the World Trade Organization (WTO). It is fundamental to ascertain whether the current framework represents an adequate model to address renewable energy subsidies, or whether a more flexible interpretation of WTO Agreements toward sustainable development and the protection of the environment should be adopted instead. In view of that, this paper carefully investigates the evolution of the WTO subsidies disciplines, focusing in particular on the approach of the WTO towards renewable energy subsidies. This article is divided in three sections. The first one offers an overview of WTO disputes involving subsidies in the renewable energy sector, the second one focuses on the recent decisions in the Canada – Renewable Energy and Canada – Feed-in Tariff Program disputes and on some important issues they raise, while in the last one we draw our conclusions.

Keywords: WTO, World Trade Organization, Renewable Energy, Feed-in Tariffs, Canada, Subsidies, Dispute Settlement System

JEL Classification: : K33, K32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30, Q32, Q38, Q40, Q48

Farah, Paolo Davide and Cima, Elena, WTO and Renewable Energy: Lessons from the Case Law, 49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116. Available at SSRN: https://ssrn.com/abstract=2704453

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Paolo Davide Farah, “World Trade Organization, Renewable Energy Subsidies and the Case of Feed-in Tariffs: Time for Reform Toward Sustainable Development?” (with Elena Cima), 27 THE GEORGETOWN INTERNATIONAL ENVIRONMENTAL LAW REVIEW 4, December 2015, pp. 515 – 537.

The Full Paper is available at the following link:

 https://ssrn.com/abstract=2704398

World Trade Organization, Renewable Energy Subsidies and the Case of Feed-In Tariffs: Time for Reform Toward Sustainable Development?

Georgetown International Environmental Law Review (GIELR), Vol. 27, No. 1, 2015

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Elena Cima

Graduate Institute of International Studies; Yale Law School

Abstract

Renewable energy subsidies are crucial for combatting climate change, and yet the world’s international legal infrastructure is not designed to accommodate such subsidies. The world needs a renewable energy sector to develop and implement the technologies necessary to reduce carbon and renewable subsidies are one of the best ways to cultivate this sector quickly. At the same time, one country’s unfair subsidies can harm another country’s industry. To take a recent newsworthy example, China’s subsidies for its solar exports has allegedly bankrupted solar companies in the United States (US) and European Union (EU), undermining this crucial sector in these countries as it takes root. Thus, renewable subsidies pit two legitimate policy concerns against each other: cultivation of renewable energy and prevention of unfair trade practices.

The World Trade Organization (WTO) regulates most subsidies effectively, but was simply not designed with renewable subsidies in mind. The Agreement on Subsidies and Countervailing Measures (SCM) – the heart of the WTO subsidies regime – treats renewable subsidies the same as all other subsidies, without an environmental exception in force that takes into account non-trade concerns. This environmental blind spot is unusual for the WTO: for example, Article XX of the General Agreement on Tariffs and Trade (GATT) includes an environmental exception for tariffs and other non-subsidy measures. However, an environmental exception did not make it into the SCM, leaving the agreement ill-suited to balance trade and environmental concerns.

This article proposes several legal solutions to fix the SCM’s environmental blind spot – invocation of the Agreement on Agriculture (AoA) for some subsidies, using the SCM’s definition of subsidies to exclude some forms of support for renewable energy — especially Feed-in Tariffs (FITs) – from the WTO’s subsidies regime entirely, adopting a flexible interpretation of GATT Article XX’s environmental exception such that it may apply to subsidies, and negotiating a new WTO agreement for renewable subsidies. Of all the solutions proposed, this article argues that the best approach would be to apply GATT Article XX to the SCM. This approach is not obvious, because WTO law does not make clear the relationship between the GATT and the SCM. Nevertheless, strong legal and policy reasons support this approach.

This article proceeds as follows: Part II provides background, first on renewable subsidies, then on the current WTO regime governing subsidies. Part III discusses the proposed legal solutions to the WTO’s green subsidy problem. Part IV compares the proposed solutions and concludes that applying Article XX to the SCM is the best approach.

Keywords: World Trade Organization, WTO, GATT, Sustainable Development, Environment, Energy, Feed-in-Tariffs, Subsidies, Financial Contribution, Ethanol, FIT, Climate Change, International Environmental Law, Local Content Requirement, China, Agriculture, Green, Tax Incentives, Loans, Price Support

JEL Classification: K33, K32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30, Q32, Q38, Q40, Q48

Suggested Citation:

Farah, Paolo Davide and Cima, Elena, “World Trade Organization, Renewable Energy Subsidies and the Case of Feed-In Tariffs: Time for Reform Toward Sustainable Development?”, Georgetown International Environmental Law Review (GIELR), Vol. 27, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2704398

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Haifeng Deng, Paolo Davide Farah (Corresponding Author), Anna Wang, “China’s Role and Contribution in The Global Governance of Climate Change:  Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, Oxford University Press, Volume 8, Issue 6, December 2015, pp. 581 – 599. Online ISSN 1754-9965 – Print ISSN 1754-9957. Social Science Citation Index – SSCI. DOI:10.1093/jwelb/jwv037

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/581/2578668/Chinas-role-and-contribution-in-the-global?guestAccessKey=4cc75da9-e7d0-44d6-b92d-01ed40042d09

China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China

Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015

Haifeng Deng

Tsinghua University – School of Law

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Anna Wang

Tsinghua University – School of Law

Abstract

As global climate change and its adverse effects have caused serious consequences, the Chinese Government is speeding up on energy saving and emissions reductions, becoming much more active on the climate and environment front. According to the work schedule of the Ministry of Finance, construction of the environmental protection tax system is one essential part of the forthcoming green tax reform in China. On 10 June 2015, the Cabinet’s Legislative Affairs Office issued a Draft Environmental Protection Tax Law of the People’s Republic of China (hereinafter referred to as the ‘Draft EPT Law’) to solicit opinions and comments. This action received much attention and prompted discussion both at home and abroad. The Draft EPT Law shows the trend of transforming pollution charges into tax, and starts a green reform in administrative management by means of financial tools. Though the law does not include carbon dioxide with taxable pollutants, it leaves space for future carbon taxation. With the increase of green reform in the future, carbon tax will no doubt be put on the priority list of the Chinese Government, at which point the Government will face three major challenges. First, the current unsatisfactory tax system environment will jeopardize carbon tax. It is necessary to repeal the overlaps between the Draft EPT Law and carbon tax, other energy taxes and non-environmental taxes, and introduce carbon tax into the current tax system without throwing off the order of the overall tax structure. Secondly, in spite of the design of the new tax structure, the administrative organization of tax management remains a very critical problem. It will be necessary to establish an orderly interactive relationship horizontally between the environmental agency and tax agency, and vertically between the central and the local authorities. Thirdly, a new carbon tax will cause economic slowdown in the short term. In addition to offering tax rebates, reductions and subsidies, a system of penalties could offset negative effects and optimize positive outcomes of emission reduction.

Keywords: Carbon Tax, China, Chinese Law, Policy, Climate Change, Greehouse Gases, GHG, Emissions, Draft of Environmental Protection Law, Draft EPT Law, Pollution Charges, Administrative Law, Tax System, Energy Taxes, Management, Tax Rebates, Subsidies, Reductions, Institutional Reforms

JEL Classification: Q40, Q42, Q43, Q48, K30, K32, K33, O13, Q20, Q32

Deng, Haifeng and Farah, Paolo Davide and Wang, Anna, China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China, Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015.

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/581/2578668/Chinas-role-and-contribution-in-the-global?guestAccessKey=4cc75da9-e7d0-44d6-b92d-01ed40042d09

Available at SSRN: https://ssrn.com/abstract=2695612

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Paolo Davide Farah, Riccardo Tremolada, “Offshore Natural Gas Resources in the Eastern Mediterranean in the Relations to the European Union: A Legal Perspective through the Lenses of MedReg”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, Oxford University Press, Volume 8, Issue 6, December 2015, pp. 559 – 580. Online ISSN 1754-9965 – Print ISSN 1754-9957. Social Science Citation Index – SSCI. Doi:10.1093/jwelb/jwv035

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/559/2578662/Offshore-natural-gas-resources-in-the-eastern?guestAccessKey=5b48917c-95f4-4b2b-ba0b-56254694fbae

Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: A Legal Perspective Through the Lenses of Medreg

Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Riccardo Tremolada

Cleary Gottlieb Steen & Hamilton LLP; gLAWcal – Global Law Initiatives for Sustainable Development

Abstract

The Leviathan natural gas field has become a significant energy source for surrounding states in the eastern Mediterranean such as Lebanon, Cyprus, Syria, Israel, Jordan and Turkey. Tensions in the particular area cause this resource to be exploited on a low efficiency level both when it comes to utilization and organized cooperation between states helping their economies to benefit from the trade in this natural resource. This article analyses the current tendencies towards the expansion of the regulatory frameworks already functional in Mediterranean states west of the Levantine basin and simultaneously aims to give an assessment of these efforts. The main goal is to thoroughly evaluate the appropriateness of the existing cooperative methods and legal solutions regarding energy trade on an open market between developed states for countries with different political interests in a highly unstable area of constant sociological and political turbulence. Overcoming these challenges through legal, economic and political measures is key to the success of the eastern Mediterranean countries’ energy future, also in light of their relationship with and within the European Union (EU). It is also essential that the EU obtains increasing influence in its role in the region, in particular, that EU Member States really start acting as a whole in their external relations in general and in the energy field.

 

Keywords: Natural Gas, Natural Resources, Oil, Off-shore, Energy, Sustainable Development, Gas Field, Basin, Trade, Levantine, Leviathan, Levant, Eastern Mediterranean, European Union, EU, Europe, EU Internal Market, Energy Charter Treaty, Lebanon, Cyprus, Syria, Israel, Jordan, Turkey, Cooperative Methods

JEL Classification: Q40, Q42, Q43, Q48, K30, K32, K33, O13, Q20, Q32

Farah, Paolo Davide and Tremolada, Riccardo, “Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: A Legal Perspective Through the Lenses of Medreg“,  Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015.

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/559/2578662/Offshore-natural-gas-resources-in-the-eastern?guestAccessKey=5b48917c-95f4-4b2b-ba0b-56254694fbae

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JWELB - Cover - Page1.jpg

 

JWELB - Inside - Page2

JWELB - Table of Contents

 

SPECIAL ISSUE

JOURNAL OF WORLD ENERGY LAW AND BUSINESS (JWELB)

OXFORD UNIVERSITY PRESS

Volume 8, Issue 6, December 2015

(Advance Access Publication on November 2015)

Sustainable Energy and National Security: Arbitration and Negotiation Issues

Edited by

Paolo Farah

 

Fundamental trends in the European Union and the world at large provide an increasingly important policy agenda for financing sustainable energy in terms of energy efficiency, innovation in energy exploitation and development of renewable resources. During the four years Marie Curie IRSES Programme “Evaluating Policies for Sustainable Energy Investments: towards an integrated approach on national and international stage” (EPSEI) funded by the European Commission a research partnerships between European research organisations and research organisations from crucial world regions, mainly China and Russian Federation, was developed. This Special Issue is devoted to the international trends in sustainable energy and their effects on energy security at the national level. Such technical, legal and policy-related matters affect multiple parties and interests. Resolution of disputes may require coordination of multiple governmental authorities and private entities. Arbitration and negotiation can represent a way to effectively combine several points of view about economic interests and environmental concerns.

This Special Issue is part of the results of the Research Team at gLAWcal – Global law Initiatives for Sustainable Development (United Kingdom) coordinated by Prof. Paolo Davide Farah, in the frame of the Project EPSEI. The research leading to these results has received funding from the People Programme (Marie Curie Actions) of the European Union’s Seventh Framework Programme (FP7/2007–13) under REA grant agreement no 269327 Acronym of the Project: EPSEI (2011–15) entitled ‘Evaluating Policies for Sustainable Energy Investments: Towards an Integrated Approach on National and International Stage’. Corresponding Author and Special Issue Guest Editor contact details: paolofarah@yahoo.com

TABLE OF CONTENTS

  1. Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China)

Editorial Note – Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues

To download the Full Text click here

 

  1. Fernando DIAS SIMÕES (University of Macau, Faculty of Law, China & gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom)

Powered by Expertise: Selecting Arbitrators in Energy Disputes

Abstract:

Arbitration is the most widely used dispute resolution method in the energy sector. A major advantage of arbitration is that it allows parties to select the persons who will settle the dispute—the arbitrators. However, finding meaningful information on the level of expertise of potential arbitrators is not easy. There are serious information asymmetries that prevent the market for arbitrator services from being fully competitive and impair parties’ ability to make wholly informed decisions. Because most parties and their counsels are not familiar with the market for arbitrators, they tend to rely on personal enquiries and generic or specific directories of arbitrators. The choice of a suitable arbitrator is critical, not merely from the parties’ point of view but also to ensure the efficiency and legitimacy of the overall system of dispute resolution. Arbitrators should be able to balance a variety of diverse interests that frequently go beyond the strict concerns of the disputing parties. This article argues that lists of energy arbitrators should be improved so as to allow interested parties to consult prior awards rendered by potential arbitrators and the feedback provided by previous users of their services. This would allow parties to conduct a more efficient screening of potential candidates, hopefully contributing to make the process of identification of expert energy arbitrators easier and cheaper.

To download the Full Text click here

 

  1. JUN Xiao (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at University of Turin Law School, Italy)

How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development

Abstract:

At present, the issue of bilateral investment treaties (BIT) is gaining more and more importance worldwide, because of various projects requiring effective financial flow, being globally initiated. This article tries to analyse the particularities of the BITs between China and Canada (China–Canada BIT), as well as between the European Union (EU) and Canada (investment chapter of the Comprehensive Economic and Trade Agreement, CETA) to locate and emphasize some of the basic features applicable for a future investment protection oriented agreement involving China and the EU. Furthermore, the scope of United Nations Conference on Trade and Development (UNCTAD)’s Investment Policy Framework for Sustainable Development (IPFSD) broadens the view on International Investment Agreements in general, helping the assessment of their provisions from a sustainability aspect. The article also covers some of the areas of dispute settlement, its main goal being to make complex suggestions to the constantly forming international investment policy of China, potentially contributing to the pressurization of sustainable development.

To download the Full Text click here

 

  1. ZHANG Qinglin (Wuhan University, Law School, Institute of International Law, China & EU Commission Marie Curie Fellow in the EPSEI Program at University of Turin Department of Law, Italy);

Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty

Abstract

The Energy Charter Treaty is an important multilateral treaty for promoting international energy cooperation. Sustainable development is one of its purposes. The investment regulations of the Treaty have emphasized protecting the investors’ interests, which has potentially both positive and negative influence on sustainable development. To achieve the aim of sustainable development and to attract more countries’ participation in the Treaty, the Treaty should increase its transparency and give differential treatment to developing countries. This article seeks to analyse these concerns and offer some wider conclusions regarding the particular improvement which can be carried out to increase the level of investment protection, while maximizing sustainable development simultaneously.

To download the Full Text click here

  1. Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China). Riccardo TREMOLADA (University of Naples Federico II Law School, Italy, Shanghai JiaoTong University Law School & EU Marie Curie Fellow in the EPSEI Programme at CRAES – Chinese Research Academy on Environmental Sciences, China)

Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: a Legal Perspective through the Lenses of MedReg

Abstract

The Leviathan natural gas field has become a significant energy source for surrounding states in the eastern Mediterranean such as Lebanon, Cyprus, Syria, Israel, Jordan and Turkey. Tensions in the particular area cause this resource to be exploited on a low efficiency level both when it comes to utilization and organized cooperation between states helping their economies to benefit from the trade in this natural resource. This article analyses the current tendencies towards the expansion of the regulatory frameworks already functional in Mediterranean states west of the Levantine basin and simultaneously aims to give an assessment of these efforts. The main goal is to thoroughly evaluate the appropriateness of the existing cooperative methods and legal solutions regarding energy trade on an open market between developed states for countries with different political interests in a highly unstable area of constant sociological and political turbulence.

To download the Full Text click here

 

  1. DENG Haifeng (Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China & EU Commission Marie Curie Fellow in the EPSEI Programme at gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom and University of Turin Department of Law Italy); Paolo Davide FARAH (West Virginia University, Department of Public Administration and College of Law, USA, gLAWcal – Global Law Initiatives for Sustainable Development, United Kingdom; EPSEI Vice-coordinator & EU Marie Curie Fellow in the EPSEI Programme at Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China), WANG Anna (Tsinghua University Law School, THCEREL – Center for Environmental, Natural Resources & Energy Law, China).

China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China

Abstract

As global climate change and its adverse effects have caused serious consequences, the Chinese Government is speeding up on energy saving and emissions reductions, becoming much more active on the climate and environment front. According to the work schedule of the Ministry of Finance, construction of the environmental protection tax system is one essential part of the forthcoming green tax reform in China. On 10 June 2015, the Cabinet’s Legislative Affairs Office issued a Draft Environmental Protection Tax Law of the People’s Republic of China (hereinafter referred to as the ‘Draft EPT Law’) to solicit opinions and comments. This action received much attention and prompted discussion both at home and abroad. The Draft EPT Law shows the trend of transforming pollution charges into tax, and starts a green reform in administrative management by means of financial tools. Though the law does not include carbon dioxide with taxable pollutants, it leaves space for future carbon taxation. With the increase of green reform in the future, carbon tax will no doubt be put on the priority list of the Chinese Government, at which point the Government will face three major challenges. First, the current unsatisfactory tax system environment will jeopardize carbon tax. It is necessary to repeal the overlaps between the Draft EPT Law and carbon tax, other energy taxes and non-environmental taxes, and introduce carbon tax into the current tax system without throwing off the order of the overall tax structure. Secondly, in spite of the design of the new tax structure, the administrative organization of tax management remains a very critical problem. It will be necessary to establish an orderly interactive relationship horizontally between the environmental agency and tax agency, and vertically between the central and the local authorities. Thirdly, a new carbon tax will cause economic slowdown in the short term. In addition to offering tax rebates, reductions and subsidies, a system of penalties could offset negative effects and optimize positive outcomes of emission reduction.

To download the Full Text click here

 

SUGGESTED CITATION:

Paolo Davide FARAH, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/497/2578664/Sustainable-energy-investments-and-national?guestAccessKey=606c52be-4e79-45b9-a9c9-fa14be82460b

 

Fernando DIAS SIMÕES, “Powered by Expertise: Selecting Arbitrators in Energy Disputes”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/501/2578652/Powered-by-expertise-selecting-arbitrators-in?guestAccessKey=8ba9d534-4803-4eec-bbeb-603744d294d8

Xiao JUN, “How Can a Prospective China-EU BIT Contribute to Sustainable Investment: In Light of the UNCTAD Investment Policy Framework for Sustainable Development”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/521/2578657/How-can-a-prospective-ChinaEU-BIT-contribute-to?guestAccessKey=aae79b3f-e8dd-45c0-91cb-318fab14c516

Qinglin ZHANG, “Analysis of the Impact on Sustainable Development by Investment Regulations in the Energy Charter Treaty”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/542/2578660/Analysis-of-the-impact-on-sustainable-development?guestAccessKey=38c038b4-a140-4e41-9e75-1e95d360e905

Paolo Davide FARAH, Riccardo TREMOLADA, “Offshore Natural Gas Resources in the Eastern Mediterranean in Relations to the European Union: a Legal Perspective through the Lenses of MedReg”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: http://academic.oup.com//jwelb/article/8/6/559/2578662/Offshore-natural-gas-resources-in-the-eastern?guestAccessKey=5b48917c-95f4-4b2b-ba0b-56254694fbae

Haifeng DENG, Paolo Davide FARAH, Anna WANG, “China’s Role and Contribution in the Global Governance of Climate Change: Institutional Adjustments for Carbon Tax Introduction, Collection and Management in China”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015 (Advance Access Publication on November 2015). The Full Text is available at: Toll-Free Link: http://academic.oup.com//jwelb/article/8/6/581/2578668/Chinas-role-and-contribution-in-the-global?guestAccessKey=4cc75da9-e7d0-44d6-b92d-01ed40042d09

SSRN

Paolo Davide FARAH, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, OXFORD UNIVERSITY PRESS, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2695579

 

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Paolo Davide Farah, “Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues. Editorial Note”, JOURNAL OF WORLD ENERGY LAW AND BUSINESS, Oxford University Press, Volume 8, Issue 6, December 2015, pp. 497 – 500. Online ISSN 1754-9965 – Print ISSN 1754-9957. Social Science Citation Index – SSCI. DOI:10.1093/jwelb/jwv036

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/497/2578664/Sustainable-energy-investments-and-national?guestAccessKey=606c52be-4e79-45b9-a9c9-fa14be82460b

Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues

Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015, (Advance Access Publication on November 2015)

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom); University Institute of European Studies – IUSE (Turin, Italy)

Abstract

Energy-related investments have been on a track of constant development since the global expansion of energy utilization and the rapid increase of energy demand both regarding industrial use and consumer consumption. Fundamental trends in the European Union and the world at large provide an increasingly important policy agenda for financing sustainable energy in terms of energy efficiency, innovation in energy exploitation and development of renewable resources. Policies shaping this development are becoming more and more considerate of environmental aspects and maintaining sustainability. Furthermore, international organizations are fully aware of the necessity to keep broadening the scope of countries acquiring these new policy trends.

 

Keywords: Sustainable Energy, Sustainable Development, Climate Change, Energy Investments, European Union, innovation, globalization, environment, efficiency, renewable energy

JEL Classification: Q40, Q42, Q43, Q48, K30, K32, K33, O13, Q20, Q32

Farah, Paolo Davide, Sustainable Energy Investments and National Security: Arbitration and Negotiation Issues, Editorial Note, Journal of World Energy Law and Business, Oxford University Press, Volume 8, Issue 6, December 2015

The full article can be downloaded at the following link:

http://academic.oup.com//jwelb/article/8/6/497/2578664/Sustainable-energy-investments-and-national?guestAccessKey=606c52be-4e79-45b9-a9c9-fa14be82460b

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