Konflik Antara Kebijakan Green Subsidi Uni Eropa dan Prinsip Non-Diskriminasi WTO

Abstract

Climate change and the global energy crisis have prompted various countries to develop green economic policies to support the transition towards sustainable development. The European Union is one of the main actors implementing these policies through various instruments, such as the European Green Deal, the Carbon Border Adjustment Mechanism (CBAM), and the Renewable Energy Directive II (RED II). Although aimed at reducing carbon emissions and accelerating the use of renewable energy, these policies have sparked debate in the international trade system because they potentially conflict with the principle of non-discrimination that underpins the World Trade Organization (WTO) trade regime, particularly the Most-Favored Nation (MFN) and National Treatment principles in GATT 1994. This study aims to analyze the regulation of the principle of non-discrimination in the WTO, examine the potential conflict between the EU's green subsidy policy and WTO provisions, and assess the application of general exceptions to Article XX of GATT 1994 to potentially discriminatory environmental policies. The research uses a normative juridical method with a legislative, conceptual, and case approach through a literature review of WTO legal instruments, European Union regulations, WTO dispute decisions, and various related scientific literature. The results of the study indicate that the European Union's green subsidy policy has a legitimate objective in supporting environmental protection and the low-carbon energy transition. However, the implementation of instruments such as CBAM and RED II has the potential to create de facto discrimination against products from developing countries due to the existence of environmental standards, carbon emission requirements, and compliance mechanisms that are not easily met evenly. Nevertheless, these policies can be justified under Article XX of GATT 1994 as long as they meet the objectives of environmental protection and are implemented proportionally, transparently, and do not create arbitrary discrimination or disguised trade barriers. Therefore, harmonization is needed between global environmental policy and the WTO principle of non-discrimination so that environmental protection can go hand in hand with the creation of a fair and inclusive international trading system for all WTO members.