Balancing economic, security, and sustainable development considerations: analysis of selected domestic policies related to energy transition from an international trade and investment law perspective

Diplôme Master Balancing economic, security, and sustainable development considerations: analysis of selected domestic policies related to energy transition from an international trade and investment law perspective eng 2025-06-16 author Baranowski Rafal Wit 917507 director Cima Elena 0000-0002-0591-101X 839969 Services communs de l'Institut des sciences de l'environnement (ISECO) 88 This thesis explores how selected domestic policies related to energy transition interact with international trade and investment law frameworks. It examines four key categories of policy instruments – subsidies (notably feed-in tariffs and tax credits), local content requirements (LCRs), export restrictions on critical raw materials, and carbon border taxes (with particular focus on the European Union’s Carbon Border Adjustment Mechanism) – assessing their legal limitations under WTO rules and international investment treaties, with reference to other relevant international legal regimes such as international climate law and human rights law. Through a legal-policy analysis, the study highlights tensions between global climate imperatives, the right to development, and energy security, particularly in developing countries. It argues that current international economic law inadequately incorporates sustainable development objectives and is insufficiently aligned with the goals of a just and accelerated global energy transition, resulting in legal uncertainty, fragmentation, and (geo)political frictions. The thesis evaluates key legal and institutional reform proposals – including greater policy space for “green” subsidies and LCRs, and reform or withdrawal from the Energy Charter Treaty – to enable States to implement urgently needed equitable and effective climate and energy policies. Trade Investment Climate Energy Transition Development Measure Export Restriction Commodity Metal Human rights Critical raw materials International law Tax Carbon border adjustment Policy Sustainable Geopolitics Geoeconomics Security EU WTO CBAM ETS LCR CRM ECT Feed-in tariff Charter Green Dewey 340 Maitrise en droit 5 Faculté de droit 5 false cd959838-65f3-42e5-8f17-814b94fb67c8 Master thesis Public Thesis_R._Baranowski_FINAL_16.06.20.pdf 960265 application/pdf CC BY-4.0 8370d6b9c843b803b977a1682a780e1de441fcc19e307fb599bc2b400e5dc66a openAccess Faculté de droit

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Balancing economic, security, and sustainable development considerations: analysis of selected domestic policies related to energy transition from an international trade and investment law perspective				2025	101	40

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Baranowski, Rafal Wit

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