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General
Individual project (IP) 6 on Energy in WTO law and policy focuses on energy-related issues within the World Trade Organization (WTO) system.
Internationally the energy sector is currently undergoing a major transformation. From a traditionally monopolistic structure, the industry is becoming less protected and more open to competition. Therefore, legal reform and the implementation (and current negotiations) of WTO obligations are having, and will increasingly have, a decisive influence on the industry as a whole.
Energy is a major factor and object in international trade. In WTO law, however, the matter has not been prominently addressed, except in terms of national treatment, because of the traditional monopolistic and state-controlled structures of the industry and worldwide cartelisation. Most of the literature reviewed thus far has related to competition and investment, and trade issues often dealt with outside the WTO, most commonly within the European Energy Charter. This project seeks to explore the relationship of WTO law and policy and to address in particular the following issues:
- the status of energy resources in WTO law (oil, gas and electricity);
- the impact of state trading and competition policies;
- dual pricing for energy in WTO law;
- the relationship of WTO law to the Kyoto Protocol and emission trading; and
- the impact of government procurement.
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