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The Consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements: The Case of Biofuels

Andrew Mitchell, Christopher Tran


This article examines the consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements, focusing on the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement). This article reaches two conclusions: (i) the EU Renewable Energy Directive is prima facie inconsistent with the EU’s obligations under the GATT and, (ii) to the extent that the Directive falls within the scope of the TBT Agreement, it is also inconsistent with that agreement.

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