60 See BBC Monitoring South Asia, “Nepal pitches for foreign investment in energy, connectivity”, London, 29 January 2015; Accord Fintech, “Gov`t to take special measures to boost public spending for infrastructure development: Finance Minister”, Mumbai, 20 January 2015; Asia News Monitor, “Thailand: Government Accelerating Infrastructure Development in Special Economic Zones,” Bangkok, January 27, 2015. The establishment of an infrastructure is particularly important, since the absence or absence of such an infrastructure usually means that the benefits of trade agreements cannot be exploited at all. See Douglas Brooks, Benno Ferrarini and Eugenia Go, “Bilateral Trade and Food Security,” ADB Economics Working Paper Series No. 367, September 2013, at 20. 53 The interpretation of the agreement covered by the WTO is governed by Art. 31 to 33 VCLT. Article 3(2) DSU provides that the DSB “shall clarify the existing provisions of such agreements in accordance with the usual rules of interpretation of international law”. Isabelle Damme, Treaty Interpretation by the WTO Appellate Body, Oxford: Oxford University Press, 2009, at 22. See also World Trade Organization, Appellate Body Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/AB/R, WT/DS340/AB/R, WT/DS342/AB/R, adopted on 15 December 2008, para. 171; World Trade Organization, Appellate Body Report, United States – Measures Affecting Trade in Large Civil Aircraft (second complaint), WT/DS353/AB/R, adopted on 12 March 2012 (US-Large Civil Aircraft (AB)), para. 586; Canada – Renewable Energy/FIT (AB), paragraph 5.120. 7.9 If, within six months of the adoption of the Appellate Body or Appellate Body report, the Member has not taken appropriate measures to eliminate the adverse effects of the subsidy or withdraw the subsidy, and if there is no agreement on compensation, the DSD shall authorize the complaining Member to take countermeasures. are proportionate to the degree and nature of the adverse effects found, unless the DSB mutually agrees to reject the application.
Climate change poses a serious threat to the international community and therefore calls for global action on all fronts. Several “green energy programs” are being adopted by many governments. To the extent that state support is essential for the establishment and maintenance of these green electricity programmes, the SCM agreement is directly involved in this regard. Unfortunately, the agreement does not provide for any exceptions to these programmes, even if the exceptions are granted due to the growing concerns of the international community. In such circumstances, a practical solution must be found within the existing framework and deduced from an interpretation of this SCM Convention on the basis of current case-law. Wto collective case-law arguably supports the view that certain renewable energy programmes constitute `general infrastructure projects` of a State and are therefore excluded from the Government`s financial contributions, in accordance with Article 1.1(a)(1)(iii) of the SCM Agreement. .