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Energy Security and the WTO Agreements

  • James J. Nedumpara
Chapter

Abstract

There is a widely considered view that trade in energy and energy products is not adequately governed by the multilateral trade rules administered by the World Trade Organization (WTO). This view is reinforced by the fact the traditional market access restrictions are less of a problem in the energy sector as countries tend to focus on retaining control and sovereignty over energy resources. A mapping of linkages between the WTO rules and trade in the energy sector has highlighted the inadequacy of international trade rules in a number of areas such as export duties and export restrictions, energy transit, renewable energy sector, government support including dual pricing policies, classification of energy services, and lack of flexibility in differentiating goods based on carbon intensity or other such characteristics. Again, when the energy-related trade measures violate WTO rules, the various exceptions and exemptions under the WTO covered agreements also play a central role. Although the growing body of WTO jurisprudence has addressed the inherent inadequacies of the rules in meeting the challenges of energy security, there are several areas where significant improvements in existing provisions and separate or new disciplines may be necessary. This chapter while examining the interaction between WTO rules and energy security also seeks to identify the specific issues in the Chairman’s texts in different areas of Doha Round negotiations, which have a direct bearing on trade in energy products.

Keywords

World Trade Organization Much Favoured Nation World Trade Organization Member World Trade Organization Agreement Export Duty 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Bibliography

  1. Behn D (2007) The Effect of Dual Pricing Practices on Trade, the Environment, and Economic Development: identifying the winners and the losers under the current WTO disciplines, http://ssrn.com/abstract=1151553, Accessed 13 Mar 2014
  2. Belyi AV (2012) Dual Pricing in the Energy Sector of the Energy-Producing Countries: the case of Saudi Arabia and Russia, Energy Security in International Relations Theories, Higher School of Economics, http://rushkolnik.ru/docs/index-5049537.html?page=5, Accessed 13 Mar 2014
  3. Cottier T, Malumfashi G, Matteotti-Berkutova S, Nartova O, Sépibus J, Bigdeli SZ (2009) Energy in WTO Law and Policy, Working Paper, Individual Project No. 6, http://www.wto.org/english/res_e/publications_e/wtr10_forum_e/wtr10_7may10_e.pdf, Accessed 13 Mar 2014
  4. Cossy M (2011) Energy services under the general agreement on trade in services. In: Selivanova J (ed) Energy trade in WTO and beyond: current international disciplines and future challenges. Kluwer Law International, The NetherlandsGoogle Scholar
  5. Cossy M (2010) Energy transport and transit in the WTO. In: Pauwelyn J (ed) Global challenges at the intersection of trade, energy and the environment. The Graduate Institute, Centre for Trade and Economic Integration, Geneva, pp 113–115Google Scholar
  6. Crosby D (2010) Background to WTO rules and production/trade restrictions in the field of energy. In: Pauwelyn J (ed) Global challenges at the intersection of trade, energy and the environment. The Graduate Institute, Centre for Trade and Economic Integration, GenevaGoogle Scholar
  7. EC (2009) Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, http://members.wto.org/crnattachments/2010/tbt/eec/10_2429_00_e.pdf, Accessed 23 Apr 2009
  8. EC Press Release (2012) New Commission Proposal to Minimise the Climate Impacts of Biofuel Production, http://europa.eu/rapid/press-release_IP-12-1112_en.htm, Accessed 17 Oct 2012
  9. Ehring L, Chianale GF (2011) Energy dual pricing in international trade: subsidies and anti-dumping perspectives. In: Selivanova J (ed) Regulation of energy in International Trade Law: WTO, NAFTA and energy charter. Kluwer Law International, The Netherlands, pp 109–148Google Scholar
  10. Goldar B, Kumari A (2009) Report on subsidies discipline on natural resource pricing, submitted to the United Nations Conference on Trade and Development—India Programme, http://wtocentre.iift.ac.in/DOC/subsidies%20discipline%20final%20report-Natural%20resourse%20Pricing1.pdf, Accessed 13 Mar 2014
  11. G20 Summit Communiqué: Full Text (2012) The Telegraph, http://www.telegraph.co.uk/finance/g20-summit/9343250/G20-Summit-communique-full-text.html, Accessed 13 Mar 2014
  12. ICTSD (2004) Energy prices holding up Russia’s WTO Bid. Bridges Weekly Trade News Digest 8(13)Google Scholar
  13. ICTSD (2007) Sustainable development opportunities and challenges of trade in energy services in the WTO and beyond: informal roundtableGoogle Scholar
  14. IPCC Working Group III Special Report (2005) Carbon dioxide capture and storage: summary for policy makersGoogle Scholar
  15. Kutas G (2010) The challenges of trading alternative energy. In: Pauwelyn J (ed) Global challenges at the intersection of trade, energy and the environment. The Graduate Institute, Centre for Trade and Economic Integration, Geneva, pp 101–104Google Scholar
  16. Lakatos A (2004) Overview of the regulatory environment for trade in electricity. In: Bielecki J, Desta MG (eds) Electricity trade in Europe: review of economic and regulatory challenges. Kluwer Law International, The Netherlands, pp 123–125Google Scholar
  17. Leighton P (2001) Value for Money. In: ICIS, http://www.icis.com/Articles/2001/08/20/145349/value-for-money.html, Accessed 13 Mar 2014
  18. Luthra & Luthra Law Offices, Draft Report on Dual Pricing of Natural Resources, Submitted to the United Nations Conference on Trade and Development—India Programme, http://wtocentre.iift.ac.in/UNCTAD/16.pdf, Accessed 13 Mar 2014
  19. Marceau G (2010) The WTO in the emerging energy governance debate. In: Pauwelyn J (ed) Global challenges at the intersection of trade, energy and the environment, Centre for Trade and Economic Integration. The Graduate Institute, GenevaGoogle Scholar
  20. Martinot E, Chaurey A, Lew D (2002) Renewable energy markets in developing countries. Ann Rev Energy Environ 27:309–348CrossRefGoogle Scholar
  21. Milthorp P, Christy D (2011) Energy issue in selected WTO accessions. In: Selivanova J (ed) Regulation of energy in International Trade Law: WTO, NAFTA and Energy Charter. Kluwer Law International, The Netherlands, pp 259–293Google Scholar
  22. Mukherjee A, Goswami R (2009) Trade in energy services: GATS and India, ICRIER, Working Paper no. 231, http://www.icrier.org/pdf/WorkingPaper231.pdf, Accessed 13 Mar 2014
  23. OECD Inventory of Estimated Budgetary Support and Tax Expenditure for Fossil Fuels (2011) available at http://www.oecd.org/site/tadffss/48805150.pdf
  24. Pauwelyn J (ed) (2010) Global challenges at the intersection of trade, energy and the environment. Centre for Trade and Economic Integration, The Graduate Institute, GenevaGoogle Scholar
  25. Pogoretskyy V (2011) Energy dual pricing in international trade: subsidies and anti-dumping perspectives. In: Selivanova J (ed) Regulation of energy in International Trade Law: WTO, NAFTA and Energy Charter. Kluwer Law International, The Netherlands, pp 181–228Google Scholar
  26. Pogoretskyy V (2009) The system of energy dual pricing in Russia and Ukraine: the consistency of the energy dual pricing system with the WTO Agreement on Anti-dumping GTCJ 4(10):313Google Scholar
  27. Roessler F (1975) GATT and access to supplies. J World Trade 9:25–27Google Scholar
  28. Seznec JF (2006) Saudi Arabia’s accession to the WTO: is a “Revolution” Brewing? In: Middle East Policy Council Capitol Hill Conference Series on US Middle East Policy: A Look at Future Growth, http://www.susris.com/articles/2006/ioi/060122-mepc-seznec.html, Accessed 13 Mar 2014
  29. Stern N (2007) The economics of climate change: the stern review. Cambridge University Press, Cambridge and New YorkCrossRefGoogle Scholar
  30. United Nations (1991) Statistical Papers, Series M, No. 77, Provisional Central Product ClassificationGoogle Scholar
  31. United States International Trade Commission (1999) Methyl Tertiary-Butyl Ether: conditions affecting the domestic industry, http://www.usitc.gov/publications/docs/pubs/332/pub3231.pdf
  32. Yanovich A (2011) WTO rules and the energy sector. In: Selivanova J (ed) Regulation of energy in International Trade Law: WTO, NAFTA and Energy Charter. Kluwer Law International, The Netherlands, pp 1–48Google Scholar

WTO/GATT Documents

  1. GATT (1970) Border Tax Adjustment, Report of the GATT Working Party, L/3464Google Scholar
  2. GATT (1990) Draft text of the Chairman of the negotiating Group on subsidies and countervailing measures, MTN/GNG/NG10/W/38/Rev.2Google Scholar
  3. GATT (1991) Services sectoral classification list, note by the secretariat, MTN.GNG/W/120WTO (1995) The legal texts: the results of the Uruguay round of multilateral trade negotiationsGoogle Scholar
  4. WTO (2005) Report of the working party on the accession of the Kingdom of Saudi Arabia to the World Trade Organization, WT/ACC/SAU/61Google Scholar
  5. WTO (2008) Report of the working party on the accession of Ukraine to the World Trade Organization, WT/ACC/UKR/152Google Scholar
  6. WTO (2010) World Trade Report 2010: trade in natural resources, http://www.wto.org/english/res_e/booksp_e/anrep_e/world_trade_report10_e.pdf
  7. WTO (2011) Committee on technical barriers to trade, specific trade concerns raised in the TBT committee, G/TBT/GEN/74/Rev.9Google Scholar
  8. WTO (2011) India: trade policy review, WT/TPR/S/249 and Rev.1, WT/TPR/G/249, WT/TPR/M/249 and AddendumsGoogle Scholar

WTO Doha Negotiations: Proposals, Reports and Texts

  1. WTO Committee on Agriculture, Special Session (2008) Revised draft modalities for agriculture, TN/AG/W/4/Rev.4Google Scholar
  2. WTO Committee on Agriculture, Special Session (2011) Report by the Chairman to the Trade Negotiations Committee, TN/AG/26Google Scholar
  3. WTO Council for Trade in Services, Special Session (2000) Communication from the United States, energy services. S/CSS/W/24Google Scholar
  4. WTO Council for Trade in Services, Special Session (2001) Communication from Norway, negotiations on trade in services, S/CSS/W/59Google Scholar
  5. WTO Council for Trade in Services, Special Session (2011) Report by the Chairman to the trade negotiations committee, TN/S/26Google Scholar
  6. WTO Negotiating Group on Market Access (2008) Revised submission on export taxes, communication from the European Communities, TN/MA/W/101Google Scholar
  7. WTO Negotiating Group on Market Access (2008) Revised draft modalities for non-agricultural market Access, TN/MA/W/103/Rev.3Google Scholar
  8. WTO Negotiating Group on Market Access (2011) Report by the Chairman on the state of play of the NAMA negotiations, TN/MA/W/103/Rev.3/Add.1Google Scholar
  9. WTO Negotiating Group on Market Access (2012) Report by the Chairman, TN/MA/23Google Scholar
  10. WTO Negotiating Group on Rules (2003) Communication from the United States, TN/RL/W/78Google Scholar
  11. WTO Negotiating Group on Rules (2008) Draft consolidated chair texts of the anti dumping and SCM agreement, TN/RL/W/236Google Scholar
  12. WTO Negotiating Group on Rules (2011) Communication from the Chairman to the trade negotiations committee, TN/RL/W/254Google Scholar
  13. WTO Negotiating Group on Trade Facilitation (2009) Communication from the former Yugoslav Republic of Macedonia, Mongolia, Switzerland and Swaziland: Transit—Third Revision of textual proposal, TN/TF/W/133/Rev.3Google Scholar
  14. WTO Negotiating Group on Trade Facilitation (2012) Draft consolidated negotiating text: Revision, TN/TF/W/165/Rev.14Google Scholar
  15. WTO Negotiating Group on Trade Facilitation (2012) Discussion paper on the inclusion of the goods moved via fixed infrastructure into the definition of traffic in transit: communication from Egypt and Turkey, TN/TF/W/179Google Scholar
  16. WTO Agreement on Trade Facilitation (2013) WT/MIN(13)/36 and WT/L/911Google Scholar
  17. WTO (2001) Doha Ministerial Declaration, WT/MIN(01)/DEC/1Google Scholar

WTO/GATT Dispute Settlement Cases

  1. Appellate Body Report, Brazil: measures affecting imports of retreaded tyres, WT/DS332/AB/RGoogle Scholar
  2. Appellate Body Report, Canada: measures affecting the export of Civilian Aircraft, WT/DS70/AB/RGoogle Scholar
  3. Appellate Body Report, China: Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products, WT/DS363/AB/RGoogle Scholar
  4. Appellate Body Report, China: Measures related to the exportation of various raw materials, WT/DS 394/AB/R, WT/DS 395/AB/R and WT/DS 398/AB/RGoogle Scholar
  5. Appellate Body Report, European Communities: Measures affecting asbestos and asbestos containing products, WT/DS135/AB/RGoogle Scholar
  6. Appellate Body Report on EC: Measures affecting trade in large Civil Aircraft, WT/DS 316/AB/RGoogle Scholar
  7. Appellate Body Report, Japan: Taxes on alcoholic beverages, WT/DS 8/AB/R, WT/DS 10/AB/R, WT/DS 11/AB/RGoogle Scholar
  8. Appellate Body Report, United States: Certain Country of Origin Labelling (COOL) requirements, WT/DS384/AB/R / WT/DS386/AB/RGoogle Scholar
  9. Appellate Body Report, United States: clove cigarettes measures affecting the production and sale of clove cigarettes, WT/DS 406/AB/RGoogle Scholar
  10. Appellate Body Report, United States: import prohibition of certain shrimp and shrimp products, WT/DS58/AB/RGoogle Scholar
  11. Appellate Body Report, United States: measures affecting the cross-border supply of gambling and betting services, WT/DS285/AB/RGoogle Scholar
  12. Appellate Body Report, United States: measures affecting trade in large civil aircraft (Second Complaint), WT/DS353/AB/RGoogle Scholar
  13. Appellate Body Report, United States: Standards for reformulated and conventional Gasoline, WT/DS2/AB/RGoogle Scholar
  14. Appellate Body Report, United States: measures concerning the importation, marketing and sale of tuna and tuna products, WT/DS381/AB/RGoogle Scholar
  15. Panel Report, Canada: Certain measures affecting the renewable energy generation sector, WT/DS412/R, (Complainant—Japan) WT/DS426/R (Complainant—EU)Google Scholar
  16. Panel Report, Colombia: Indicative prices and restrictions on ports of entry, WT/DS 366/RGoogle Scholar
  17. Panel Report, China: Anti-dumping and countervailing duty measures on broiler products from the United States, WT/DS427/R and Add.1Google Scholar
  18. Panel Report on EC: countervailing measures on dynamic random access memory chips from Korea, WT/DS299/RGoogle Scholar
  19. Panel Report, India: Measures affecting the Automotive Sector, WT/DS146/R, WT/DS175/RGoogle Scholar
  20. Panel Report, India: Quantitative restrictions on imports of agricultural, textile and industrial products, WT/DS90/RGoogle Scholar
  21. Panel Report, Indonesia: Certain measures affecting the automobile industry, WT/DS54/R, WT/DS55/R, WT/DS59/R, WT/DS64/RGoogle Scholar
  22. Panel Report, Japan: trade in semi-conductors, BISD 35S/116Google Scholar
  23. Panel Report, Mexico: Tax measures on soft drinks and other beverages, WT/DS308/RGoogle Scholar
  24. Panel Report, United States: final countervailing duty determination with respect to softwood lumber from Canada, WT/DS 257/RGoogle Scholar
  25. Panel Report, United States: restrictions on imports of Tuna, WT/DS21/R GATT BISD (39th Suppl.)Google Scholar
  26. Panel Report, United States: tax on petroleum and certain imported substances, GATT, BISD, 34S/136Google Scholar

Copyright information

© Centre for WTO Studies (CWS), IIFT, New Delhi 2014

Authors and Affiliations

  1. 1.Centre for International Trade and Economic Laws (CITEL)O P Jindal Global Law SchoolSonepatIndia

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