scholarly journals Baptists and Bootleggers in the Biodiesel Trade: EU–Biodiesel (Indonesia)

2020 ◽  
Vol 19 (2) ◽  
pp. 297-315
Author(s):  
Carolyn Fischer ◽  
Timothy Meyer

AbstractEU–Biodiesel (Indonesia) is the latest in two lines of cases. On the one hand, the case offers yet another example of the Dispute Settlement Body striking down creative interpretations of antidumping rules by developed countries. Applying the Appellate Body's decision in EU–Biodiesel (Argentina), the panel found that the EU could not use antidumping duties to counteract the effects of Indonesia's export tax on palm oil. On the other hand, the decision is another chapter in the battle over renewable energy markets. Both the EU and Indonesia had intervened in their markets to promote the development of domestic biodiesel industries. The panel's decision prevents the EU from using antidumping duties to preserve market opportunities created by its Renewable Energy Directive for its domestic biodiesel producers. The EU has responded in two ways. First, through regulations that disfavor palm-based biodiesel, but not biodiesel made from from other foodstocks, such as rapeseed oil commonly produced in the EU. Second, the EU has imposed countervailing duties on Indonesian biodiesel, finding that Indonesia's export tax on crude palm oil constitutes a subsidy to Indonesian biodiesel producers. The EU's apparently inelastic demand for protection raises two questions: First, when domestic political bargains rest on both protectionist and non-protectionist motives and policies have both protectionist and non-protectonist effects, what are the welfare consequences of restraining only overt protectionism? Second, under what circumstances may regulatory approaches be even less desirable than duties for addressing combined protectionist and environmental interests, and would the WTO have the right powers to discipline them in an environmentally sound way?

2013 ◽  
pp. 143-146
Author(s):  
Orsolya Nagy

The use of renewable energies has a long past, even though its share of the total energy use is rather low in European terms. However, the tendencies are definitely favourable which is further strengthened by the dedication of the European Union to sustainable development and combat against climate change. The European Union is on the right track in achieving its goal which is to be able to cover 20% its energy need from renewable energy resources by 2020. The increased use of wind, solar, water, tidal, geothermal and biomass energy will reduce the energy import dependence of the European Union and it will stimulate innovation.


Energies ◽  
2019 ◽  
Vol 12 (3) ◽  
pp. 376 ◽  
Author(s):  
Ivan Pavić ◽  
Zora Luburić ◽  
Hrvoje Pandžić ◽  
Tomislav Capuder ◽  
Ivan Andročec

Battery energy storage systems (BESS) and renewable energy sources are complementary technologies from the power system viewpoint, where renewable energy sources behave as flexibility sinks and create business opportunities for BESS as flexibility sources. Various stakeholders can use BESS to balance, stabilize and flatten demand/generation patterns. These applications depend on the stakeholder role, flexibility service needed from the battery, market opportunities and obstacles, as well as regulatory aspects encouraging or hindering integration of storage technologies. While developed countries are quickly removing barriers and increasing the integration share of BESS, this is seldom the case in developing countries. The paper identifies multiple case opportunities for different power system stakeholders in Croatia, models potential BESS applications using real-world case studies, analyzes feasibility of these investments, and discusses financial returns and barriers to overcome.


2018 ◽  
Vol 5 (2) ◽  
pp. 125
Author(s):  
Gisa Rachma Khairunisa ◽  
Tanti Novianti

<em>Palm oil is Indonesia's main export commodity. The EU is Indonesia's largest palm oil importer second after India, so it can affect the condition of Indonesia's palm oil exports. In 2009 the EU issued a Renewable Energy Directive that may have an impact on Indonesia's palm oil exports. The purpose of this study was to analyze the competitive position of Indonesian palm oil using the Revealed Comparative Advantage (RCA) and the Export Product Dynamics (EPD) as well as analyze the impact of policies Renewable Energy Directive towards the export value of Indonesian palm oil using gravity models. RCA analysis results indicate that the Indonesian palm oil has a comparative advantage (RCA&gt; 1). Analysis of Indonesian palm oil EPD average is in position "Rising Star". The results of the analysis of gravity models show a real GDP per capita in the country of destination, the population of the country of destination, the export price of palm oil, and the Renewable Energy Directive policies significantly affect the value of exports of palm oil, while Indonesia and the real exchange rate had no significant effect within the economy.</em>


2021 ◽  
Vol 31 (2) ◽  
pp. 103
Author(s):  
Maretha Syawallin Umarach

Introduction: The policy issued by the European Union is the Renewable Energy Directive (RED) that turn creates barriers to palm oil exports from other countries to the European Union. The policy to ban palm oil under the pretext of protecting the environment is considered to be a new obstacle to trade. One of the rejection responses came from the ASEAN region. However, even though it has received a lot of protests and rejections, until 2020 the European Union has not changed its policy regarding the ban on the use of palm oil for biodiesel in the European region.Methods: This article focuses on the reasons for the European Union implementing protectionism policies towards the Palm Oil sector in the ASEAN region. The explanation regarding this focus is explained using the Neo Mercantilism approach.Results: The policy to ban palm oil imports can be analyzed to respond to the EU's ambition and concern that the climate emergency will jeopardize the trade process in the future. The European Union research group considers that oil palm plants have a high contribution to the problem of deforestation and forest and peatland diversion in the world, especially ASEAN. Howeever, it can also be seen that there are ambitions to protect the domestic production of biofuels from the EU sunflower and radishes from global competition. The above concerns and motivations then prompted the European Union to formulate protectionism for regional economic stability.Conclusion and suggestion: ASEAN, especially Indonesia and Malaysia, have become quite vocal actors in responding to this policy. Indonesia and Malaysia are the biggest contributors of palm oil exports to Europe. As well as causing an oversupply of global palm oil supplies, this policy is considered to discriminate against and violate free-trade norms.


2021 ◽  
Vol 22 (5-6) ◽  
pp. 732-758
Author(s):  
Vitaliy Pogoretskyy

Abstract The Arbitration Panel’s decision in Ukraine – Export Prohibition on Wood Products suggests the emerging trend among some Word Trade Organization (WTO) Members to settle their trade irritants regionally. This dispute was adjudicated between the EU and Ukraine, which are both WTO Members, under the WTO rules that are incorporated by reference into the Association Agreement between these parties and by the Arbitration Panel the two members of which are well-known WTO adjudicators. The dispute settlement proceedings in this case thus illustrate how regional dispute settlement mechanisms work in practice and shed some light on whether these mechanisms could serve as a viable alternative to the WTO at the time of the ongoing WTO dispute settlement crisis. Moreover, from a substantive perspective, some may view this decision as an important milestone in international economic law, which contributes to the long-standing debate on how the right balance should be struck between trade and environmental considerations, in this case, the conservation of forests. This article, however, addresses several important shortcomings in the Arbitration Panel’s reasoning, which appear to diminish the relevance of the decision beyond the dispute at hand.


2022 ◽  
pp. 1-14
Author(s):  
Ratnaria Wahid ◽  
Norafidah Ismail

The EU has decided to phase out imports of palm oil used in biofuels in the EU by 2030. This affects people in Malaysia who rely on the palm oil business for their livelihood. This chapter examines the events leading up to the EU's anti-palm oil actions and the many ways in which Malaysia has responded to defend its palm oil sector. This includes 1) countering EU's allegation through scientific research, 2) demonstrating its commitment to transform the palm oil industry toward sustainability through certification standards, 3) fostering the commitment to grow palm oil sustainably, 4) garnering support from ASEAN and the international community, 5) expressing its opposition and warnings for retaliatory measures against the EU, and 6) requesting consultation under the WTO dispute settlement mechanism. It presents the political processes that generate policy interventions aimed at defending palm oil trade with the EU alerting that economic decoupling and direct conflict may exacerbate the problem, weaken bilateral relations, and elude good improvements in the palm oil business.


2021 ◽  
Vol 13 (22) ◽  
pp. 12494
Author(s):  
Dorian Frieden ◽  
Andreas Tuerk ◽  
Ana Rita Antunes ◽  
Vasilakis Athanasios ◽  
Alexandros-Georgios Chronis ◽  
...  

To accelerate the energy transition, the EU “Clean Energy for all Europeans” package aims to strengthen the involvement of end consumers in the energy market. To this end, together with so-called “active consumers” and provisions for individual and collective renewable energy self-consumption, two types of energy communities were introduced. The EU framework, however, leaves many details of the transposition process to the national level. The corresponding directives were supposed to be transposed by the end of December 2020 (recast Electricity Market Directive, defining active consumers and citizen energy communities) and by the end of June 2021 (Renewable Energy Directive, defining renewables self-consumption and renewable energy communities). In this paper, we critically discuss major developments of the transposition, including questions of the general distinction of the different concepts, governance and ownership, physical expansion, administrative barriers and the overall integration of energy communities into the energy system. The analysis builds on country case studies as well as on previous work by the authors on the status of the transposition process throughout the EU. The paper shows that the national approaches differ greatly and are at very different stages. While basic provisions are in place in most Member States to meet the fundamental EU requirements, the overall integration into the energy system and market is only partly addressed. This concerns, for instance, the analysis of system impacts of energy communities and measures that would allow and support energy system-friendly behaviour. In addition, several practical hurdles need to be overcome. These often relate to administrative requirements such as complex registration and licensing procedures, the need for the involvement of several institutions, or difficult procedures for access to relevant data. The paper concludes that discussed barriers will need to be carefully addressed if the high expectations for the role of energy communities are to be met.


2020 ◽  
pp. 124-128
Author(s):  
Gábor Hajdu

As a consequence of rising environmental concerns, a substantial number of EU member states undertook various programs aimed at subsidizing the renewable energy sector and promoting related foreign (and domestic) investment. During the 2010s, several renewable energy programs were replaced by less favourable legal regimes. These changes led to foreign investors suing the relevant countries, through the controversial investor-state dispute settlement (ISDS) mechanism reserved solely for foreign investors. The costly nature of ISDS proceedings (such as legal fees and large arbitral awards) could cause a discouraging effect among member states considering similar renewable energy programs. This research thus aimed to examine whether such concerns have potential merit, whether the cases result in a downturn for renewable promotion in the EU. The method for doing so was through investigating two ISDS cases, followed by an analysis of the two affected countries' stance towards renewable energy before, during and after the ISDS process, and briefly discussing what lessons for other states could be found in the rulings. The research's finding was that a clear discouraging effect could not be established in either cases, and that it is unlikely that ISDS will negatively affect renewable energy promotion.


elni Review ◽  
2014 ◽  
pp. 30-38
Author(s):  
Andrea Carta

Investor-to-state dispute settlement (ISDS) mechanisms are a feature of international investment agreements (IIAs). They give private investors the right to initiate a claim against the State in which they made an investment, seeking redress against violations of an IIA concluded between that State and the investor’s home State. As it is explained in this paper, the current EU policy foresees the inclusion of ISDS in EU IIAs. This raises a number of critical issues, related: i) to the appropriateness of ISDS as a mechanism for the fair administration of justice, ii) to the risks that ISDS may affect public interest (e.g. environmental and health) laws, and iii) to the compatibility of ISDS with EU law. This article describes the framework underlying the inclusion of ISDS in EU IIAs and analyses the abovementioned issues. It discusses the concerns raised, particularly by NGOs, on the potential impact of ISDS on EU and Member States’ regulatory powers. The article outlines the EU policy on ISDS, examines some critical aspects of ISDS as a mechanism for the administration of justice, using the CETA provisions as reference, and illustrates the threats posed by ISDS to environmental and health regulations. It also highlights the challenges in preserving public authorities’ regulatory space in the context of IIAs. Furthermore, this article deals with the compatibility of ISDS with the exclusive jurisdiction of the CJEU and the principle of autonomy of EU law, and concludes with some final remarks.


2020 ◽  
Vol 71 (4) ◽  
pp. 395-402
Author(s):  
Andreja Pirc Barčić ◽  
Leon Oblak ◽  
Ivana Perić ◽  
Margarita Bego ◽  
Branko Glavonjić ◽  
...  

Energy from renewable sources is globally a very important issue. In order to reduce pollution and greenhouse gas emissions, many countries enact laws for enhancing the consumption of renewable energy sources. Sooner or later traditional non-renewable energy sources would have to be replaced with alternative energy sources that are already used in developed countries. According to the European Commission (2018), the EU is already a global leader in the sustainable use of natural resources within an efficient bio-economy. The wood pellet industry is becoming more important and the use of wood pellets is increasing as one of the most important contributors to the renewable energy goals of the EU. Wood pellet is an environmentally acceptable product and its production contributes to desirable rural development and sustainable approach to the management of timber resources. This paper focuses on the market of wood pellets used for heating, pinpointing differences in consumers point of view, and drafting the possibilities of future consumption enhancement. Results revealed a relatively low use of wood pellets in all the three surveyed markets. The highest share of consumers of wood pellets came from the areas with less than 5,000 inhabitants. Such households were mostly over 20 years old. The most important factors to decide to use such source of energy were space (required for the heating system) followed by price of wooden pellets.


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