2TABLE of Contents

Energy Law and Regulation in Brazil, 2018

From Fragmentation to Coherence, 2011

• The regulation of energy in international law is highly fragmented and largely incoherent. We submit that pertinent issues should be addressed by a future Framework Agreement on Energy within WTO law. • Successful regulation of energy requires a coherent combination of rules both on goods and services. Energy services require new classifications suitable to deal coherently with energy as an integrated sector. • Rules on subsidies relating to energy call for new approaches within the Framework Agreement on Energy. A distinction should be made between renewable and nonrenewable energy. Moreover, disciplines need to be developed in the context of emission trading. • The Framework Agreement should address the problem of restricting energy production and export restrictions. • Disciplines on government procurement are able to take into account policies on green procurement, but a number of changes to the GPA Agreement will be required to make green procurement more effective and attractive. • In view of the close interactions between the energy sector and climate change, formulating effective rules to address energy under the WTO system will catalyse coherence and complementarity between the climate and trade regimes * Individual Project No. 6, 'Energy in WTO law and policy'.

Mitigation and Adaptation Strategies For Global Change, 2000

The WTO can no longer afford to neglect energy. While out of focus for many decades, the realization that the Organization needs a discourse on energy has finally sounded through to the WTO itself. During the first ever workshop on the issue at the WTO headquarters in Geneva, former Director-General Pascal Lamy emphasized the necessity of a dialogue on energy trade in the WTO. 1 Questions pertaining to the legal aspects of energy trade in the WTO can be expected to emerge with increasing frequency. But is the WTO ready and capable of addressing these issues and provide clear answers?

Climate change mitigation has become one of the most relevant topics today, and it will continue for years to come. It is a concern that has implications in economics, law, science, human rights, technology, international relations and ethics, to name but a few fields of knowledge. Climate change is a global problem that knows no geographical barriers. International law is not well equipped to face the challenges of climate change. Global climate is an indivisible public good. International law currently faces the challenge of fragmentation and the need to bring greater coherence to a fragmented system in combating climate change. The aim of this article is to explain the trade implications of climate change mitigation policies by analyzing a couple of areas where the international regimes for trade and climate change mitigation/ energy may potentially clash: 1) border carbon adjustments and 2) applying subsidies and similar measures in order to encourage environmentally-friendly technologies. After the introduction, Section 2 provides an analysis on the link between the legal regimes of international trade and climate change. Section 3 compares both regimes and Section 4 offers an overview of unilateral trade-related climate change measures. Section 5 examines the main WTO provisions on subsidies and analyzes the WTO cases on subsidies for renewable energy. Section 6 focuses on the inclusion of aviation in the EU Emission Trading Scheme (EU ETS) and the potential expansion of the EU ETS to the shipping industry. Section 7 concludes the article.

Solutions for Sustainability: How the international trade, energy and climate change regimes can help, 2019

This book explores links and synergies between international trade and two of the most urgent challenges of the 21st century: achieving sustainable energy (i.e., energy that is affordable, secure, and clean) and mitigating climate change. It takes the unique approach of not only examining how international trade can help achieve energy and climate goals, but also the impact of emerging tools and technologies such as smart grids and demand response, and the potential role and impact of citizens and prosumers. The book analyzes energy- and trade-related regulations in a range of jurisdictions to assess how conducive the regulation is towards achieving sustainable energy, and identifies gaps and overlaps in the existing legal framework.

2003