Regulatory momentum for an energy subsidies agreement in the wake of the fisheries subsidies agreement

The recent conclusion of the Fisheries Subsidies Agreement under the auspices of the World Trade Organization (WTO) offers renewed hope and momentum for the possibility of concluding a similar sector-specific agreement concerning energy subsidies. Such a sector-specific agreement is critical in view of: (1) the lack of policy space currently available to WTO Members to carry out renewable energy projects; (2) perverse incentives that currently exist under the Subsidies and Countervailing Measures Agreement to litigate renewable energy subsidies in preference to fossil fuel subsidies; and (3) the lack of a clear plan at the international level to phase out fossil fuel subsidies. The need for more policy space in order to promote renewable energy projects became clear in the panel and Appellate Body decisions in the Canada—Renewable Energy/Canada—Feed-in Tariff Program case in 2012 and 2013 respectively. Since then, there have been several proposals for law reform. This article will consider the advantages and disadvantages of each of these proposals before turning to consider why a sector-specific agreement to regulate energy subsidies under the auspices of the WTO would be the best solution.