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2020 | Book

Introduction Read chapter Read first chapter

Energy Security and Green Energy

National Policies and the Law of the WTO

Author: Dr. Angelica Rutherford

Publisher: Springer International Publishing

Book Series : International Law and Economics

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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About this book

This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies – Great Britain and Brazil – this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives.

The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.

Table of Contents

Frontmatter
Chapter 1. Introduction
Abstract
Energy is a multi-disciplinary research theme of pressing social relevance. Energy is an essential enabler of human wellbeing. It enables us to fulfil our basic human needs and is an indispensable catalyst of economic activity. Energy exists in various forms, such as heat, light and electricity, and is an essential part of maintaining our current, post-industrial revolution era, modern lifestyle. By waking up with a smartphone alarm clock, which is left charging overnight, turning the lights on and then the kettle to make a cup of coffee or tea in the morning, by using computers, tablets, microwave, refrigerators, cookers, toasters, dishwashers and a variety of available appliances throughout the day, by driving a car or taking a bus, train or aeroplane, for example, one cannot fail to notice that most of the objects we rely on in modern life are driven by energy. Being fundamental to the smooth running of contemporary societies, it is, therefore, of no surprise that energy is often said to be the lifeblood of modern society.
Angelica Rutherford
Chapter 2. Energy Security and Green Energy in Great Britain: The Discourse of the Lights Going Out
Abstract
Based on interviews with 24 leading energy experts, this chapter focuses on the discursive links between energy security and law and policies promoting green energy in Great Britain. First, it shows that energy security in GB is first and foremost a political issue, particularly as a result of risks associated with governments toppling in cases of energy interruption in the country. Second, it demonstrates that energy politicisation in GB was framed as having negative impacts on green energy development due to vested interests, unequal lobbying power and association of green energy with left-wing politics. Third, the analysis shows the potential shift in the debate surrounding green energy intermittency due to large-scale commercial energy storage; and the emergence of ‘prosumers’, a new actor which challenges the current energy system.
Angelica Rutherford
Chapter 3. Energy Security and Green Energy in Brazil: The Discourse of Economic Development
Abstract
This chapter examines the interplay between energy security and green energy in the context of Brazil. Based on documents obtained from the Brazilian National Archive, the President of the Republic Archive and the Federal Senate Archive, the chapter traces the way that energy security is construed and given meaning and significance through the articulation and production of many texts, with emphasis on the role the discursive frames surrounding energy security play in constructing or deconstructing green energy initiatives over a period of fifteen years (January 2001–December 2015). It demonstrates that energy security is discursively framed differently in different green energy law and policies within different energy sectors. In particular, this chapter reveals that Brazil is moving in the opposite direction to a low-carbon energy transition.
Angelica Rutherford
Chapter 4. The Applicability of the Law of the WTO to Green Energy Security
Abstract
This chapter explores a new perspective for the debate surrounding green energy disputes within the current WTO rules. Studies of green energy trade under the WTO have predominantly focused on the balance between WTO obligations and domestic public policy space for green energy initiatives as a way to address environmental and climate change objectives. This chapter, however, analyses whether there is any flexibility within the current WTO rules, specifically the GATT exceptions, and the interpretations given to them, that permit trade restrictive measures that support national green energy policies with a view of ensuring energy security. Overall, this chapter demonstrates that (i) green energy development has increasingly come to be associated with energy security in the WTO jurisprudence, and (ii) there might be some room for green energy security within the defences under GATT Articles III:8(a), Article XX(a) and (j) and Article XXI. However, these defences have limited applicability and may also have undesirable outcomes.
Angelica Rutherford
Chapter 5. Conclusion
Abstract
This chapter summarises the main contributions and conclusions of the monograph. The findings of the case studies of Great Britain, Brazil and the WTO demonstrate: (i) the divergent constructions of energy security in the context of different countries, in different sectors of the economy within a country and in legal disputes; (ii) the existence of positive and negative frames on the interplay between energy security and national and international law and policies on green energy development; (iii) the increasing association of energy security with green energy within the WTO jurisprudence; and (iv) limited defences available within the GATT/WTO on green energy security for countries wishing to adopt trade restrictive measures to develop their national green energy industry as a strategic way to prepare them for any future circumstances where there is limited or no international trade, such as pandemics, political unrest, conflicts and trade embargoes.
Angelica Rutherford
Backmatter
Metadata
Title
Energy Security and Green Energy
Author
Dr. Angelica Rutherford
Copyright Year
2020
Electronic ISBN
978-3-030-45555-2
Print ISBN
978-3-030-45554-5
DOI
https://doi.org/10.1007/978-3-030-45555-2