The WTO Agreements and the Regulation of Energy Markets: Is There a Good FiT?

This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO.

It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will assess whether or to what extent WTO Member States can enact FiT, RPS and EA regulations without fear of possible WTO litigation. Part V will conclude with recommendations.