Regulatory framework for biofuels in Brazil: history and challenges under the law of the WTO

This article examines the clashes between national policies promoting green energy and international trade liberalisation commitments, using the Brazilian biofuels programmes, in particular the measures of mandatory blending and the Social Fuel Seal, as a case example. Drawing on past and present Brazilian legislation, this study initially analyses the driving forces behind the development of the biofuels agenda in Brazil and is followed by a discussion of the general principles of the law of the World Trade Organization concerning subsidies, national treatment and non-discriminatory rules, and the applicability of environmental, social inclusion and energy security exceptions to domestic policies supporting green energy.