Regulation of Energy in International Trade Law.

WTO, NAFTA and Energy Charter

by Yulia Selivanova

To what extent should cross-border energy trade be regulated? Given the irreducible political and strategic component of energy production, transportation, distribution and use, is a truly effective international agreement possible or even desirable? These questions loom ever larger in considerations of the global economy. Despite clear interdependence, as things stand the interests of consuming and producing countries differ significantly, and this makes the negotiation of internationally binding rules covering energy very difficult. Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade--as well as energy-related issues addressed in the current WTO negotiations--the authors offer in-depth discussion and analysis of such issues as the following:

the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade

how restrictive practices of energy endowed countries can be tackled under existing international trade rules;

existing frameworks for investment in highly capital-intensive energy infrastructure projects; and conditions for access to pipelines and transmission grids;

regulation of energy services;

bioenergy development and trade;

energy issues addressed in the WTO accession negotiations of energy endowed countries;

international instruments of resolution of energy-related disputes.