Energy in WTO law and policy

Damilola S. Olawuyi*, Elena I. Athwal

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

• The regulation of energy in international law is highly fragmented and largely
incoherent. We submit that pertinent issues should be addressed by a future Framework Agreement on Energy within WTO law.
• Successful regulation of energy requires a coherent combination of rules both on goods and services. Energy services require new classifications suitable to deal coherently with energy as an integrated sector.
• Rules on subsidies relating to energy call for new approaches within the Framework
Agreement on Energy. A distinction should be made between renewable and nonrenewable energy. Moreover, disciplines need to be developed in the context of
emission trading.
• The Framework Agreement should address the problem of restricting energy
production and export restrictions.
• Disciplines on government procurement are able to take into account policies on green procurement, but a number of changes to the GPA Agreement will be required to make green procurement more effective and attractive.
• In view of the close interactions between the energy sector and climate change,
formulating effective rules to address energy under the WTO system will catalyse
coherence and complementarity between the climate and trade regimes
Original languageEnglish
Title of host publicationThe Elgar Companion to the World Trade Organization
PublisherEdward Elgar Publishing Ltd.
Pages477-492
Number of pages16
ISBN (Electronic)9781800882867
ISBN (Print)9781800882850
DOIs
Publication statusPublished - 12 Dec 2023
Externally publishedYes

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