GreenNewTrade.org is a new website aimed at climate justice activists and the general public, describing past and current trade challenges to “Green New Deal–type policies”, and calling for changes to trade rules. For Canadians, the most famous such international trade dispute occurred when Japan and the EU challenged the domestic content provisions in Ontario’s Green Energy Act – and in 2013, the World Trade Organization ruled against Ontario. There have also been numerous challenges under the investor–state dispute settlement (ISDS) rules of NAFTA and the successor United States Canada Mexico Trade Agreement (USMCA) – the website gives the example of US coal mining company Westmoreland, which in 2018 challenged Alberta’s planned phaseout of coal-fired power plants.
For an introduction to the issues, see Beyond NAFTA 2.0: A Trade Agenda for People and Planet, a report released in 2019 by some of the same groups behind this new website: the Canadian Centre for Policy Alternatives, the Institute for Agriculture and Trade Policy, Institute for Policy Studies, and the Rosa Luxemburg Stiftung–New York. A blog post at the Business and Human Rights Resources website describes GreenNewTrade.org .
The World Trade Organization has upheld its original decision and ruled that the domestic content regulations of Ontario’s Green Energy Act violate international trade law. Existing contracts signed under the Act will continue, but the WTO decision calls for the Green Energy Act to be amended to remove the requirement for local production in future renewable energy contracts. “Ontario loses final WTO appeal on Green Energy Act” by Shawn McCarthy, Globe and Mail (May 6) is at http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/ontario-loses-final-wto-appeal-on-green-energy-act/article11731010/ .
A summary of the WTO proceedings, including a link to the review decision (file #WT/DS412), in English and French is available from the WTO at http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm . The Council of Canadians reaction is at “Ontario urged to defy unreasonable WTO ruling against Green Energy Act” at http://www.canadians.org/media/trade/2013/06-May-13-2.html , and the United Steelworkers union also urges Ontario to continue to fight, stating that “This is just the latest example of trade agreements being used to override our sovereignty and our freedom to implement environmental and economic development initiatives.” (see press release at http://www.newswire.ca/en/story/1159683/wto-ruling-must-not-end-fight-for-green-jobs-steelworkers ).
The Ontario Ministry of Energy has not yet made a formal response to the decision; however, in a related announcement on May 6th, it announced a 6-month review of the regional energy planning process to be more inclusive of municipal and local input. (See http://news.ontario.ca/mei/en/2013/05/new-ontario-government-strengthens-energy-planning.html ).
A May 6 briefing by Corporate Europe Observatory, the Council of Canadians and the Transnational Institute “highlights the public debate around fracking, the interests of Canadian oil and gas companies in shale gas reserves in Europe, and the impacts an investment protection clause in the proposed CETA could have on governments’ ability to regulate or ban fracking.” A similar provision investment protection clause in the North American Free Trade Agreement (NAFTA) is the basis for a current challenge by Lone Pine Resources to a fracking moratorium in Quebec. See the briefing, The Right to Say No: EU-Canada Trade Agreement Threatens Fracking Bans (May 6) at http://corporateeurope.org/publications/right-say-no-eu-canada-trade-agreement-threatens-fracking-bans .