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環保補貼相關問題之研究鍾佩宇, Chung, Pei-Yu Unknown Date (has links)
環保投資往往造成廠商成本負擔之增加,若缺乏政府管制或經濟誘因,廠商極有可能降低環保方面的投資,導致自然環境的污染及社會外部成本之發生,故透過公共環保政策之適度介入,似乎是不得不存在之必要手段。而本文所欲探討的環保補貼政策,即是存有多元見解及爭議之一種經濟誘因工具。
本文先介紹環保補貼之範圍、定義與各國適用之情形,並採用文獻回顧之方式,整理各學者對政府獎勵企業污染防治措施之爭議,以瞭解環保補貼對環境保護或全球整體經濟的影響。
肯定環保補貼對經濟發展及環境保護有正面的效果之後,接著討論環保補貼與SCM協定中「禁止性補貼」、「可控訴補貼」及「不可控訴補貼」類型間之關係,並探討當「不可控訴補貼」類型所依據之SCM協定相關規定停止適用後目前之定位,同時提出環保補貼於SCM協定下合法規避他國控訴之方式。
本文最後檢驗與分析我國之環保補貼於SCM協定下之適法性,並對我國環保補貼政策未來之發展與方向提出建議。 / The use of subsidies as environmental policy instruments has increased in recent years since firms usually aren’t willing to pay for the expense of pollution prevention and control. Environmental subsidies involving financial support by the government, as an economical incentive approach, are deemed to be important and effective by many researchers. However, it still remains controversial because some researchers argue that government intervention would always result in resources distortion and economic inefficiency. Therefore, this thesis focuses on subsidies with a positive impact on the environment and aims to discuss their utility and compatibility with relevant WTO covered agreements, especially the Agreement on Subsidies and Countervailing Measure (the SCM Agreement).
The thesis first introduces the definition, scope and practice of environmental subsidies, and, by using literature review, presents several studies on the environmental and economic impact of environmental subsidies. The thesis then discusses the relevant regulations under the SCM Agreement framework and finds that environmental subsidies may be categorized as more than one type, ie non-actionable subsidy, of subsidies under the SCM Agreement. Furthermore, the thesis also analyzes how environmental subsidies can be designed in a way that complies with the SCM Agreement, thus avoiding the risk of being challenged under the WTO by other WTO Members. Finally, the thesis examines various types of environmental subsidies provided by Taiwanese government to understand whether they are consistent with the regulations of the SCM Agreement. Suggestions based on this research are put forward at the end of the thesis.
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