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.
| Mualliflar | SHUKUROVA, Diyora |
|---|---|
| Jurnal | Юрист ахборотномаси |
| Nashr sanasi | 2026-08-24 |
| Jild | 1 |
| Son | 4 |
| Betlar | 137-146 |
| Til | Ingliz |
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.
The article examines an institutional and legal model for ensuring information security in the development of the information society through the reconciliation of the interests of the individual, society and the state…
The article examines the theoretical and practical issues of improving the procedural mechanism for ensuring the victim’s right to compensation for property damage caused by a criminal offense in the criminal…
The development of digital technologies has created new opportunities for the preservation, popularization, and commercialization of applied decorative art works, while also sharply increasing the risks of their…
Maqolada O‘zbekiston Respublikasida ayollar tomonidan sodir etiladigan firibgarlik jinoyatlari profilaktikasini takomillashtirishning kriminologik asoslari, jinoyatchilik rivojlanishining zamonaviy tendensiyalari…
This article analyzes the theoretical and practical aspects of ensuring the principle of the inevitability of liability for corruption-related offenses in the Republic of Uzbekistan. It examines the legal content of the…
This article provides a comprehensive analysis of the international legal framework for combating cybercrime and the advanced experience of foreign states in this field. The author first critically examines the diverse…
The article analyzes the causes, forms of manifestation, and legal regulation issues of conflicts of interest in the provision of medical services. It substantiates that financial, organizational, or personal…
The article examines emerging theoretical and practical challenges in criminal law caused by the rapid development of artificial intelligence technologies. The possibility of recognizing artificial intelligence systems…
The article analyzes the concept of an electronic contract and its civil-law nature in close connection with the substantive and procedural aspects of electronic form. The purpose of the research is to substantiate that…
This article is devoted to the legal analysis of the status of artificial intelligence (AI) systems in civil legal relations. In the context of the modern digital economy and technological progress, the active…