Trade rules curb green industrial policy; WTO rules against Indonesia nickel ban
Short record: the main facts, with sources. A full case file has not been prepared.
- The record does not name which of my species, waters, soils or forests were harmed.
Trade challenges have struck down several green industrial policies, including India's solar local-content rule and Ontario's renewable tariff. A WTO panel also ruled against Indonesia's raw nickel export ban, and Public Citizen counts only two successful general-exception defences out of 48.
- European Union — Brought the Indonesia nickel export ban case to the WTO
- Russia — Brought a WTO case against the EU carbon border mechanism on 12 May 2025; the EU blocked a panel once in July 2026
- India's solar programme — Local-content requirement lost a challenge in 2016 Office of the United States Trade Representative
- Ontario renewable tariff programme — Wind and solar purchase tariff lost a challenge in 2013; 60 per cent local content for solar Office of the United States Trade Representative
What happened
Public Citizen reported in February 2022 that only two of 48 defences under GATT Article XX and its services equivalent had succeeded, the US shrimp-turtle and dolphin-tuna cases.
The US Trade Representative's record shows India's solar programme lost a challenge over its local-content requirement in 2016, and Ontario's wind and solar tariff lost on the same grounds in 2013.
A WTO panel ruled in November 2022, in a case brought by the EU, that Indonesia's ban on raw nickel exports breached the rules; Indonesia appealed into a gap because the appellate body was not functioning.
A January 2025 panel report in the Indonesia palm oil dispute found that the EU had not reviewed its data before classing palm oil as high risk, and that French tax breaks for rapeseed and soy biofuels were discriminatory.
In court and with insurers
Lawsuits and rulings
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- None on record Not stated: the value of the Indonesia nickel dispute; no sum is given in the sources reviewed.
- None on record Not stated: the outcome of Russia's carbon border complaint beyond the EU blocking a panel once.
- None on record Not stated: whether Indonesia's request to suspend trade concessions against the EU was authorised.
Did the harm stop?
Not stated in the sources reviewed.
Who paid?
Not stated in the sources reviewed.
Sources
Press and investigations
- USTR WTO dispute record on India and Ontario renewable programmesOffice of the United States Trade Representative ·
Communities and civil society
- WTO general exceptions in trade laws: a faulty ivory towerPublic Citizen · 2022-02-04
Connected cases
- WTO panel backs EU on palm biofuel rules in Malaysia case Global · 2025
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Respondent; set the renewable-status rules
- World Trade Organization (International organisation) — here: Dispute settlement body that issued the panel rulings; there: Dispute settlement forum
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Complainant in the Indonesia case
- WTO panel found Indonesia's raw nickel export ban breached rules Indonesia · 2020–2022
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Brought the complaint at the WTO
- World Trade Organization (International organisation) — here: Dispute settlement body that issued the panel rulings; there: Panel ruled the ban inconsistent with WTO rules
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Imposed the ban and appealed the panel ruling
- EU Deforestation Regulation delays and trade pressure European Union · 2022
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Regulator
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Led joint letters
- African Parks Odzala-Kokoua abuses (Republic of Congo) Republic of Congo · 2010–2025
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Funder (€6m for 2018–2023; 46% of the park budget in 2020)
- EACOP pipeline: insurers decline, construction continues Uganda / Tanzania · 2021–2026
- Public Citizen (NGO) — here: Advocacy group that counted successful general-exception defences; there: Campaign group; announced Chubb's refusal
- EU bans offset-based neutrality claims from 27 September 2026 European Union · 2024–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: adopted the directive
- EU Carbon Border Adjustment Mechanism burden on Turkish exporters Turkey · 2026
- World Trade Organization (International organisation) — here: Dispute settlement body that issued the panel rulings; there: Dispute forum
- EU court rejects Austria's challenge to green label for gas and nuclear European Union · 2022–2025
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: set the taxonomy rules
- EU mirror measure on antimicrobials and Brazil beef exclusion Brazil · 2019–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Regulator that adopted the measure and decided the list
- EU narrows supply-chain law and delays deforestation rule twice European Union · 2024–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Adopted the narrowed directive and postponed the EUDR
- EU seal-product ban's Inuit exemption found ineffective Canada · 2014
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Seal-product ban with an Inuit exemption
- Indonesia reopened sea sand exports in 2023; Supreme Court annulled them in 2025 Indonesia · 2023–2025
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: issued PP 26/2023 and the export rules
- Indonesia reopens sea-sand exports on a 17.66 billion m3 potential estimate Indonesia · 2023
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: reopened sea-sand exports under PP 26/2023
- Indonesia returns 883 of 2,194 flagged waste containers Indonesia · 2018–2019
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Government that returned the flagged containers
- Indonesia's 2025 mining law change opens mining areas to religious groups without tender Indonesia · 2025
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Lawmakers who passed the revision
- Indonesia's forest moratorium: ministry cited 38% less clearing, Greenpeace disputed it Indonesia · 2011–2019
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: imposed the moratorium; ministry reported the 38% figure
- Indonesia's H5N1 sample withholding and the WHO PIP Framework Indonesia · 2007–2026
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Withheld H5N1 samples
- Indonesia's Nusantara capital faces funding gap as Jakarta keeps sinking Indonesia · 2019
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Plans and funds the new capital
- Jadar lithium project Serbia · 2022–2025
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Defendant in the strategic-status case (European Commission)
- Jakarta evictions, Ciliwung normalisation and the Giant Sea Wall Indonesia · 2014–2025
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Central government; approved the Giant Sea Wall in 2025
- Kenyan forest guards shoot dead Sengwer herder Robert Kirotich during evictions Kenya · 2018–2024
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: donor; suspended support for the WaTER programme
- Kenyan water-tower forest evictions followed a 2018 killing by forest guards Kenya · 2016–2024
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: funder of the WaTER programme
- Messok Dja ecoguard abuses (Republic of Congo) Republic of Congo · 2008–2020
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Funder; suspended about €1 million in 2020
- Morocco says it cut cadmium in phosphate fertilisers; EU cannot verify the claim Morocco · 2025
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: acknowledges it cannot verify Morocco's claim
- Nonylphenol ethoxylates: Swiss ban and EU restriction Switzerland · 1984–2014
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Adopted Directive 2003/53/EC
- Papua food and energy estate (Indonesia) Indonesia · 2024
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Declared the project a National Strategic Project
- Plastic waste imports into Türkiye (Adana) Türkiye · 2016–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Assessed Türkiye under Article 45(5) of the Waste Shipment Regulation
- Posidonia oceanica meadows (Balearics, Mediterranean) Spain · 2018–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Habitats Directive: Posidonia beds are a priority habitat
- Prestige Spain · 2002–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Provided more than €275m in aid
- Raja Ampat nickel licences revoked Indonesia · 2025
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: Revoked four of five nickel permits
- Rinca island work in Komodo National Park continued after UNESCO asked for a halt Indonesia · 2020–2021
- Government of Indonesia (Government) — here: Respondent in the nickel export ban case; complainant in the palm oil case; there: runs the 10 New Balis tourism programme
- Sengwer evictions from Embobut forest and the EU Water Towers programme (Kenya) Kenya · 2014–2024
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Funder of the WaTER programme
- Uzbek cotton boycott ends forced labour Uzbekistan · 2017–2026
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Trade partner (trade preference)
- World Bank and development bank accountability mechanisms: Embobut (Sengwer), Tata Mundra, Arun III, Jale, Cambodia Kenya · 2007–2024
- European Union (International organisation) — here: Complainant in the Indonesia nickel case; respondent in the palm oil and CBAM disputes; there: Funder of the WaTER programme