Renewable Energy and Process and Production Methods

In the debate on climate change, methods of producing products and energy are of paramount importance. While the product or the form of energy resulting may be the same, diverging production processes and methods of production may have a critical impact on climate change mitigation, and environmental and human concerns in general. Some may be detrimental, some may be beneficial. They vary from each other, notwithstanding that the final products cannot be distinguished from each other. This paper explores the extent to which renewable energy and non-renewable energy, in particular based on fossil fuels, may be regulated, labelled, or taxed differently, or whether the likeness of the product prohibits doing so in international trade law relating to production and process methods (PPMs). In doing so, the paper mainly focuses on the production of electricity from fossil fuels (coal, oil, and gas), atomic energy, and renewable energy (hydropower, thermal power, wind, solar and tidal energy, and biomass).