Юрист ахборотномаси Ҷилди 1 № 4 (2026) · Саҳифаҳои 137-146
GREEN SUBSIDIES AND FOSSIL FUEL SUPPORT UNDER WTO LAW: THE DUAL REGULATORY ASYMMETRY OF THE SCM FRAMEWORK
ШУКУРОВА, Диёра
Аннотатсия
Green subsidies have become an important instrument of contemporary climate, energy and industrial policy, yet the Agreement on Subsidies and Countervailing Measures (SCM Agreement) does not contain a comprehensive legal category for such measures. This article develops the concept of dual regulatory asymmetry to assess how WTO subsidy disciplines treat environmentally beneficial and harmful state support. On the one hand, legitimate green subsidies pursuing environmental objectives may remain exposed to challenge under existing rules. On the other hand, many environmentally harmful subsidies, particularly fossil fuel support measures, remain difficult to discipline through the SCM Agreement’s requirements of financial contribution, benefit and specificity. The article analyses this problem through the legal structure of the SCM Agreement, the expired non-actionable subsidy category under Article 8, WTO renewable energy disputes, the fossil fuel disciplinary gap, and partial models found in the Agreement on Agriculture and the Agreement on Fisheries Subsidies. The analysis shows that this asymmetry does not result merely from isolated gaps in the rules, but reflects a deeper structural feature of the SCM Agreement: its environmentally neutral design. The article argues for a more coherent approach to WTO subsidy disciplines, one that creates disciplined legal space for genuine green subsidies, preserves core disciplines against protectionist subsidy design, and improves the transparency and treatment of environmentally harmful fossil fuel support.
WTO; SCM Agreement; green subsidies; fossil fuel subsidies; Article 8; renewable energy; environmental subsidies; regulatory asymmetry; subsidy disciplines; trade and environment.WTO; SCM Agreement; green subsidies; fossil fuel subsidies; Article 8; renewable energy; environmental subsidies; regulatory asymmetry; subsidy disciplines; trade and environment.
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