POREEN – Partnering Opportunities between Europe and China in the Renewable Energies and Environmental iNdustries

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POREEN aims at increasing the availability of interdisciplinary studies providing a comprehensive overview (technical, legal and economic) of Europe-China relations.
The project focuses particularly on the renewable energy and the environmental sectors in order to support the development of a more rapid, sustainable and flexible industry in these fields.

Referente Scientifico presso l’Istituto Universitario di Studi Europei (IUSE):

Prof. Paolo Davide Farah

Prof. Paolo Davide Farah (PhD, PhD, LL.M, J.D.) works at West Virginia University (WV, USA) where he teaches climate change, energy and environmental law and policy. He is Principal Investigator at the University Institute of European Studies (IUSE) in Turin (Italy) and also Director of Research (Honorary Position) of gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom and USA) http://www.glawcal.org.uk .

Prof. Farah has previously taught public international law, international economic law, international business law, company law and international environmental and energy law at Edge Hill University Department of Law & Criminology in United Kingdom (2012-2014), at University of Milan and Turin in Italy (2003-2011), an Adjunct Professor (Docente a contratto) of WTO law at the Alma Mater of University of Bologne (2006-2011). Prof. Farah was also a Researcher at the Centre of Advanced Studies on Contemporary China (CASCC) in Turin (http://www.cascc.eu).

During the academic year 2011-2012, Prof. Paolo Farah spent one year as Visiting Scholar at Harvard Law School. http://www.law.harvard.edu

He is Scientific Director and Program coordinator of the Summer School held at Peking University School of Government with two parallel curricula: “Summer Institute on Climate Change and Environmental Protection” (SICCEP) and “Summer Institute on Intellectual Property Rights and China” (IP-China). This program is organized by University of Turin Faculty of Law and University of Milan Faculty of Law in partnership with Lund University Faculty of Political Sciences in Sweden, University of Provence Aix Marseille I – CNRS Centre of Comparative Epistemology and Ergology in France, Catholic University of Milan Faculty of Law, University of Pavia Faculty of law and University of Eastern Piedmont Faculty of Economics in Italy. http://paolofarah.wordpress.com/summer-schools-in-china

International consultant and legal advisor for a project of the United Nations Development Program (UNDP) to assist and assess the accession of Belarus to the WTO (in particular the TRIPs agreement) and to verify whether the commitments taken by Belarus within the framework of the Customs Union of Belarus, Kazakhstan and the Russian Federation are in compliance with the future potential accession to the WTO.

Consultant for the European Commission in Brussels (2007 to now) and TAIEX-Technical Assistance Information Exchange of the European Commission (EU law implementation in new member States such as Cyprus and Slovak Republic).

He is the Vice-Coordinator of the project entitled “Evaluating Policies for Sustainable Energy Investments: towards an Integrated Approach on National and International Stage (EPSEI)” approved by the European Commission in the 7th Framework Programme. The Coordinator of the network is University of Turin Faculty of Law and The network includes 8 academic institutions and research centers in Europe, China (Tsinghua University and CRAES) and Russia. Since the beginning of his academic and professional career, Paolo Farah has submitted 9 projects to the EU commission and he had the responsibility to monitor the results of the research units and combine them in view of favouring interconnections and more interdisciplinary results of the projects. He has already been working with experts in economics, social sciences, philosophy, politics, international relations, environmental sciences and engineering.

He is also Scientific Director and Coordinator for the research project on “Current Trends of Chinese Law towards Non-Trade Concerns such as Sustainable Development and the Protection of Environment, Public Health, Food Safety, Cultural, Social and Economic Rights, Labour Rights and the Reduction of Poverty from the Perspective of International Law and WTO Law”. This project has been approved in April 2011 and funded for 2 years 2011-2012 by the China-EU School of Law (CESL) in Beijing. The funding will cover the organization of three conferences: the first one at University of Turin Faculty of Law and at the Center of Advanced Studies on Contemporary China (CASCC) in Turin, the second one at Tsinghua University School of Law in Beijing and the third one at Maastricht University Faculty of Law. The project co-funded also the publication of the book in three languages (English, Italian and Chinese).

He has studied for his J.D. (Italian Laurea and French Maitrise) in International and European Law at University Paris Ouest La Defense – Nanterre, Faculty of Law and at Catholic University of Milan, Faculty of Law. He holds a Master of Laws (LL.M) in European Legal Studies from the College of Europe, Bruges, Belgium and a joint doctoral degree (Double PhD) in International Law at the Centre d’Etudes et de Recherche Internationales et Communautaires (CERIC), University Paul Cézanne Aix Marseilles III (Aix-en-Provence) and at the Department of Public, Civil procedure, International and European law, University of Milan, Faculty of Law. He was a Visiting Researcher at the Institute of International Economic Law (IIEL) in Georgetown University Law Center in Washington DC. He spent one year at the Faculty of Law of Renmin University in Beijing for his thesis on “China’s Integration into the WTO and the Problem of Internal Barriers”.

He attended the high specialized summer courses at the Hague Academy of International Law during the Summer 2010. During his teaching and researching in Milan, he has been selected to be in-house resident at the Excellency College “Collegio di Milano”

At University of Milan he was co-responsible for the internships programme (in private companies, law firms, NGOs). Since January 2010 to June 2010, he has been Visiting Scholar at Tsinghua University Law School. In the Fall 2010, he was also Lecturer at China-EU School of Law (CESL – with the cooperation of CUPL – China University of Politics and Law in Beijing – Faculty of Law funded by the European Commission), Beijing Foreign Studies University, Law Department. During the Fall 2010, he taught a module on EU law in a multidisciplinary course organized by the European University Center at the Peking University, School of Government.

In 2009 and 2010, Paolo Farah was Co-Director and Member of the Faculty of the Franklin Pierce Law Center (FPLC) for the Pierce Law-Tsinghua University – University of Milan Intellectual Property Summer Institute in Beijing with a course entitled “European, American and Chinese Approaches to Intellectual Property and Competition Law: A Comparative Overview”. He had roles of joint coordination for the participation of University of Milan, Faculty of Law in other 4 summer programs in cooperation with US and Chinese Universities.

He has been Consultant (2007-2009) for the Italian Ministry of the Economic Development and Commerce and for the OECD (Organization for Economic Cooperation and Development) for the Development of the Relations between Italian and Chinese Provinces, in particular for Guangdong, Tangshan, Zhejiang. He has been awarded by the European Commission of a two years contract from April 2009 to March 2011 with the European Commission in Brussels and the EU Delegation in Beijing (EuropeAid/127024/L/ACT/CN_STF/08). He was principal investigator for a research project which aims primarily at investigating some of the most controversial issues raised by the Energy sector from the perspective of the law of the World Trade Organization; the Oil & Gas and the renewable energies in China; Anti-Monopoly Law in China.

He worked at the Legal Affairs Division of the WTO in Geneva, he was also an Associate of Baker & McKenzie Law Firm Milan Branch (2003-2005). Scientific Coordinator, responsible of the research group and consultant for the project 2007 on “The WTO and the Anti-dumping Law: European Union, China, Vietnam and India”, with a partnership between University of Milan, Assolombarda (Entrepreneurial Association of Lombardy Region – the largest regional Entrepreneurial Association of Confindustria – Italian National Association of Enterprises), ANCI – Associazione Nazionale Calzaturifici Italiani (Italian Association of Shoes Producers), Agenzia per la Cina , Baker & McKenzie Law Firm, funded by Finlombarda and the European Social Fund.

He has published articles in international law reviews, chapters in edited books and he recently published a book (in Italian) on Dumping and Antidumping (Il Sole 24 Ore, 2009).

He has been referee of manuscripts of monographs and articles for publishers and academic journals including Cambridge University Press on topics related to WTO Law, international trade law, EU law and Chinese law. Member of the Editorial committee of the international review “Research in Social Change (RSC)”, published by the Faculty of Applied Social Studies in Nova Gorica: peer reviewer of articles and comments on Chinese law and policy. He has presented his papers to several international conferences (Tokyo, Beijing, Shanghai, Xi’An, Chengdu, Suzhou, Paris, Essex, Geneva, Lugano, Bologne, Milan, Rome, Trento, Bratislava, Nicosia, Brussels, Aix-en-Provence, Washington DC). He is Italian mother tongue, he is fluent in English and French and he has a working knowledge of Chinese.

Economic research area

FDI and trade flows in the renewable energies and environmental industries

The research aims to expand and deepening the knowledge of trade and foreign direct investments flows between Europe and China in the renewable energies and environmental industries so as to define/suggest:

the priority sectors that should be targeted to stimulate Europe-China trade and investment flows;
the obstacles, barriers and diﬃculties faced by European firms in initiating, maintaining and consolidating both trade and investment initiatives in China;
the obstacles, barriers and diﬃculties encountered by Chinese companies investing in Europe

Engineering research area

Cooperation in the mobility and building sectors

Engineering research activity is focused on two main research areas, both related to energy eﬃciency and carbon dioxide reduction:

mobility and the transportation sector;
low carbon buildings.

The research intends to analyze the state of the art and to propose a model addressing economical, legal and technical issues which need to be faced to ensure the introduction on the Chinese market of alternative fuels and low carbon technologies and instruments in the building sector, so as to identify concrete partnering opportunities for the European industry

Legal research area

The legal perspective on Europe-China trade and FDI relations

Critical legal issues, normative gaps and potentialities in Europe-China trade and FDI relations will be examined by researchers, who will specifically focus on:

oil and gas oﬀshore and renewable energy;
environmental and labor standards and corporate social responsibility (CSR) issues.

The researchers will make use of their knowledge in international law, EU law, International investment and trade law, commercial law, environmental law and CSR. Their perspective will take into consideration both the European investment and cooperation projects in China and the main Chinese investment initiatives in Europe.
The research intends to actively contribute to promoting cooperation between Europe and China, particularly in the context of the recent financial crisis. The legal analysis is supported and enriched by the economic and engineering perspectives. The economic analysis is necessary to give the regulatory and legal research a quantitative perspective as well as data and information to perform the legal/regulatory analysis. Technical knowledge is fundamental to define specific areas to underpin partnership opportunities.

The legal perspective on Europe-China trade and FDI relations

As far as oil and gas offshore and renewable energy are concerned, the analysis moves from the assumption that in the coming decades, consumption of energy will increase substantially. It is an issue of paramount importance for the oil and gas importing countries such as China. Therefore: a) the identification of new energy resources; b) the development of renewable energy sources and c) the integration of energy efficient products and services will assume a central importance. Nowadays, China is investing in all fields. In particular, it leads exploitation activities of offshore oil resources with the China National Offshore Oil Corporation (CNOOC), in cooperation with foreign multinational companies operating in the extractive sector. From a legal standpoint, this WP deals with the most controversial aspects of the discipline of international energy sector. Particular attention is paid to the WTO legal framework, whose rules, although partially inadequate, are applied to products and energy services. In order to facilitate the development of China-EU cooperation, the WP will also deepen understanding of international and EU rules on investments. The relevant Chinese laws on cooperation with private investors in the exploitation of offshore resources or legislation relating to marine and environmental protection will be studied, as well as the rules governing intellectual property rights related to technological development. Finally methods for peaceful settlement of disputes arising from the activities concerned will be analyzed.
As far as the antidumping regulation is concerned, it refers to the legal framework enabling retaliation against the strategy by which commercial property is exported at prices below the price normally charged by the producer in the home market. Dumping is a business practice that distorts the normal market balance and can cause significant damage to domestic industries. The field is regulated at international level by the WTO Agreement on Implementation of Article VI of GATT, which lays down the framework for anti-dumping legislation. The agreement does not expressly prohibit dumping, but it aims to remove the distortion. For the European market, the area is within the exclusive competence of the EU. The WP aims at analyzing the Chinese and the European Union anti-dumping legislation as well as relevant disputes between the EU and China, specifically in the biofuel sector, in order to examine the potentials and the limits of the current legislations and its grey areas.

Task 3.1 Oil and gas offshore and renewable energy

The first research activity is carried out through different steps aiming at: collecting of the relevant legal material; identify the international legal instruments involved in the regulation of the topic; analyze the international, European and domestic relevant case-laws. At the end of the research activity, the categorization and storage of the material collected takes place, as well as the dissemination of results obtained.

3.2 Anti-dumping

The second research activity follows the same methodological phases. The first one is related to the collection of the relevant legal material and to the identification of the international legal instruments involved in the regulation of the topic. Then the international, European and domestic relevant case-laws are examined. At the end of the research activity, the categorization and storage of the material collected takes place, as well as the dissemination of results obtained.

3.3 Environmental and labor standards and corporate social responsibility (CSR)

The third research line is focused on environmental and labor standards and CSR. Collection of the relevant legal material is followed by the identification of the international legal instruments involved in the regulation of the topic. Then the international, European and domestic relevant case-laws are examined. The research activity ends with the categorization and storage of the material collected takes place, as well as with the dissemination of results obtained.
3.4 Integration of the results with economic and engineering studies, and definition of policy and legal implications of the findings.

Dissemination events: Conference, Workshops, Lectures, Guest Speaker Series

Meeting and scientific exchange between the staff members of the Department of International Economy and Trade and the staff members of University Institute of European Studies (IUSE) at Beijing Normal University, Beijing, China, 13th June 2013
Workshop on “China and the Good Governance of the Markets in the Light of the Economic Development” hosted at Peking University School of Government in the framework of the FP7-PEOPLE-2012- Marie Curie IRSES, POREEN Project “Partnering Opportunities Between Europe and China in the Renewable Energies and Environmental Industries”, The workshop is organized and lead by University Institute of European Studies (IUSE), Turin, Italy in consortium with Università degli Studi di Macerata, Università Politecnica delle Marche, Toulouse Business School, Shanghai Jiao Tong University, Beijing Normal University, East China University of Political Science and Law Tsinghua University, University of Ulster, Tongji University, held in Beijing, China on the 23rd July 2013, from 13:30 to 20:30.- Workpackage 4 .
POREEN WORKSHOP 23rd July 2013 Final | POREEN workshop short leaflet ONE PAGE
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), “New Offshore Natural Gas Resources in the Levantine: a Legal, Geopolitical and Economic Perspective in the Light of the Constantly Changing Energy Relations Among Europe, China and Russia”, Paper presented at the Conference “Stormy Waters, Bright Horizons? China and Europe’s Changing Roles in the West Asia / Northern Africa Region” organized by the Woodrow Wilson International Center for Scholars (Washington, D.C.), Torino World Affairs Institute (Turin, Italy) and Ministry of Foreign Affairs in Italy and Turkey, held at University of Turin, 27-28 June 2014
Conference poster | Conference program
Walter Van Damme, CEO of Kardan Water, “Environmental Protection and Waste Water Treatment in China”. on 25th July 2014. Introduction and comments from Prof. Paolo Davide Farah (University Institute of European Studies, IUSE, Turin, Italy).
Kardan Water (KW) is the operational platform of TAHAL Group in the Chinese market. Kardan Water develops, operates and invests in water related projects in Mainland China, focusing on water treatment and waste water treatment, as well as water reclamation and desalination.
The event is organized by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) in collaboration with University Institute of European Studies (IUSE) in Turin (Italy) which is beneficiary of the European Union Research Executive Agency IRSES Project “Partnering Opportunities between Europe and China in the Renewable Energies and Environmental iNdustries” – POREEN, coordinated by University of Macerata, Work-package 4.
Walter Van Damme leaflet 12 august 2014 FINALE
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), “Establishing Appropriate Regulatory Frameworks for Biofuels: Subsidies, Food Security and Food Crisis”, Paper presented at the European Society of International Law (ESIL) 10th Anniversary Conference, International Bio Law Interest Group’s “International Law and…Biolaw from Theory to Practice” held at University of Vienna, Faculty of Law, Vienna, Austria, 3rd September 2014
FINAL PROGRAMME ESIL VIENNA 2014 INTEREST GROUP BIOLAW 3 September 2014
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), “The Concurrence Roles of International Trade Law, International Framework for Climate Change and International Arbitrations in the Energy Sector: a Challenge for International Law”, Paper Presentation at the ILA-International Law Association Annual Conference 2014, “Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective”, Lisbon University Law School, Lisbon, Portugal, 11-12 September 2014
ILA Lisbon Conference Program FINAL
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), “The Increase of WTO Disputes on Subsidies to Renewable Energy and Environmental Issues: Time for Reform?”, Paper Presentation at the “Fifth Annual Colloquium on Environmental Scholarship”, Vermont Law School, Montpelier, USA, 4th October 2014
Colloquium on Environmental Scholarship 2014 Complete Schedule October 4, 2014
Paolo Davide Farah, “The Recent WTO Case Law on Subsidies to Renewable Energy”, Paper Presentation at the International Conference “The Reform of International Economic Governance” organized by the Research Project “International Law and the New Governance after the Economic Crisis” and the Department of Public International Law, University of Granada, Spain, 9-10 October 2014

[ Conference program ]
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), Key Note Speaker, “The Increase of WTO Disputes for Subsidies to Renewable Energy (including Innovation and Technology): Time for Reform toward Sustainable Development?”, Paper Presentation at the Conference “Law, Technology and Development: Opportunities and Challenges in EU China Relations”, organized by University of Strathclyde (Glasgow) Law School & Faculty of Law and by Fudan University, Shanghai, held at University of Strathclyde, Glasgow, United Kingdom, 11th November 2014
Conference – Law, Technology and Development Opportunities – University of Stratchclyde Glasgow – 11 November 2014
Paolo Davide Farah (Istituto Universitario di Studi Europei – IUSE), “How to Rebalance International Economic Law and Development in Non-Trade Concern Conflicting Areas: Biofuels vs Food Security in the Light of the Subsidy Regulations and the Global Food Crisis”, Paper Presentation at the American Society for International Law International Economic Law Interest Group (IEcLIG) in partnership with the University of Denver Sturm College of Law Sutton Colloquium, 2014 Biennial Research Conference: Reassessing International Economic Law and Development: New challenges for Law and Policy University of Denver Sturm College of Law, Denver, CO, USA, 13-15th November 2014
2014-IEcLIG Final Agenda 13-15 November 2014
Paolo Davide Farah, “Shale Gas in China: A Comparison With Unconventional Fuel Development in the United States: Health, Water and Environmental Risks”, Paper Submitted at the Ninth Annual General Conference of the European China Law Studies Association “Making, Enforcing and Accessing the Law”, The Chinese University of Hong Kong, Faculty of Law, Hong Kong, 15-16 November 2014
ECLS2014 Conference Programme
A Workshop on “Chinese NGOs Engagement and Public Participation to Climate Governance, Energy and Environmental Issues” organized by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom), University Institute of European Studies – IUSE, Turin (Italy) 5th August 2015, from 2:00 to 6:30 pm, Beijing, China. During this workshop 3 papers have been presented and the workshop was composed also by interesting Q & A time. The workshop ended with a round table with the contribution of gLAWcal Research Associates and IUSE Research Fellows of different nationalities and seconded at Beijing Normal University.
The program is available at: http://glawcal.org.uk/files/Events/POREEN_Workshop_5th_August_2015.pdf
Matteo Barra, Expert Officer on Energy Investments, Energy Charter Secretariat, Bruxelles, “Overview and Lessons in Central Asia from Investment Disputes under the Energy Charter Treaty” on 23th July 2015. Introduction and comments from Prof. Paolo Davide Farah (gLAWcal – Global Law Initiatives for Sustainable Development – United Kingdom & University Institute of European Studies, IUSE, Turin, Italy). The event is organized by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) in collaboration with University Institute of European Studies (IUSE) in Turin (Italy) which is beneficiary of the European Union Research Executive Agency IRSES Project “Partnering Opportunities between Europe and China in the Renewable Energies and Environmental iNdustries” – POREEN, coordinated by University of Macerata, Work-package 4. The Program is available at http://glawcal.org.uk/files/Events/Matteo_Barra_23th_July_2015.pdf
gLAWcal in partnership with University Institute of European Studies – IUSE, Turin (Italy) organized a Workshop and Round Table on “Energy and Renewable Industries and Environmental Protection in Europe and China” to be held in Beijing (China) on 10th August 2015. The event is part of the European Union Research Executive Agency Marie Curie IRSES Project “Partnering Opportunities between Europe and China in the Renewable Energies and Environmental iNdustries” – POREEN, coordinated by University of Macerata, Work-package 4. The program is available at http://glawcal.org.uk/files/Events/POREEN_WORKSHOP__ROUND_TABLE_10th_August_2015.pdf

News and short articles

News and Short Articles within the POREEN project. Period of reference June-July 2014

News and Short Articles within the POREEN project. Period of reference August-December 2014

Publications, Working Papers and Newsletters

Publications

Paolo Farah, Le misure antidumping dell’Unione europea alla luce del Regolamento n. 182/2011 (The Antidumping Measures of the European Union in the light of the EU Regulation 182/2011), Rivista di Diritto del Commercio Internazionale, 3/2013, ISSN: 1593-2605, pp. 575-590 – Workpackage 4
Link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2429945
Paolo Farah, Internazionalizzazione, dumping e aiuti di stato: la posizione dell’UE e le misure di difesa commerciale per le imprese (Internationalization of the Market, Dumping and State Aids: the EU Position and the Trade Defense Measures for the Enterprises), Rapporto Veneto Internazionale, Centri Studi e Ricerche Economiche e Sociali, Casa Editrice Vianello Libri, Venezia, 2012, pp. 205-220.
PROGRAMMA PRESENTAZIONE – VENETO INTERNAZIONALE 2012 11 DICEMBRE 2012-1

Working Papers

Fernando Dias Simões (Portugal), “Environmental Policymaking and Behavior Change in China”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Gianmarco Fissore (Italy), “Life and History of Kyoto Protocol: China’s Role before and after the UN Climate Change Conference of Doha 2012”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Jernej Letnar Cernic (Slovenia) “Business, Environment and Human Rights”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Hassan Younas (Pakistan), “Policies and Law on Water Pollution Control for Environmental Protection in China”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Maria Del Mar Serrano Garcia (Spain), “Sustainable Development in the Preferential Trade Agreements”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Tivadar Otvos (Slovakia), “Energy Independence through Wider Use of Renewable Energy Sources”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Ivana Gaskova (Czech Republic), “China facing Climate Change, Sustainable Energy, Environmental and Social Impact”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Paolo Farah (Italy), “Energy Security, Climate Change, Environmental law and Policy”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Daniel Pavlik (Slovakia), “China’s Exploration and Exploitation of Energy and Natural Resources in Africa”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4
Ibrahim Imad (Lebanon), “Insurance on Environmental Incidents related to the Petroleum Industry. An Analysis of the Existing Insurance Systems in Case of Environmental Pollution and a Comparison Between the Prevention Principle and Compensation after Accidents”, IUSE Working Paper (Work-in-progress) – POREEN Work-package 4

Newsletters

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