Abstract

http://ssrn.com/abstract=1635385
 
 

Footnotes (14)



 


 



Panel VII: Towards a WTO Framework Agreement on Trade in Energy


Thomas Cottier


University of Bern - Institute of European and International Economic Law

Olga Nartova


World Trade Institute - NCCR Trade Regulation - Swiss National Centre of Competence in Research; World Trade Institute

Luca Rubini


University of Birmingham - School of Law

Sadeq Z. Bigdeli


affiliation not provided to SSRN

Sofya Matteotti


affiliation not provided to SSRN

Yulia Selivanova


affiliation not provided to SSRN

July 6, 2010

Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010

Abstract:     
The interface of trade and climate change mitigation and adaptation is at the heart of contemporary legal developments in energy law. Yet, the challenges of climate change are merely the tip of the iceberg of unresolved and controversial issues relating to the status of energy in international law. The picture is one of fragmentation with multiple instruments involved. The bulk of regulation comes under domestic law and the role of regional and global law in addressing energy and secure production and supplies has remained unclear and unsettled. Doctrines of multilayered governance have hardly been applied to the sector.

The fundamental divide between goods and services does not offer an appropriate basis for addressing and regulating energy in an integrated manner in domestic and international law. Energy requires an integrated approach and does not lend itself to sectoral negotiations, depending upon different forms of energy applied to competing energy sectors. A comprehensive sectoral agreement on energy, encompassing both goods and services, would not render the current structure of the WTO Agreements obsolete. Recourse to a framework convention implies that its provisions may refer to pertinent provisions of other agreements of the WTO, in particular GATT and its instruments, GATS, TRIPS and the GPA. This is not new and has been done before, for example in defining the relationship of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and GATT, or the agreements on agriculture and on industrial subsidies. They may also incorporate provisions of agreements outside the scope of the WTO, as did the TRIPS Agreement for the Paris and Berne Conventions on industrial property and copyright. Or, they allow reference to other provisions without incorporating them, for example a future and revised UNFCCC or Kyoto Protocol. Both reference and incorporation allow the building of a comprehensive and coherent agreement on energy within the WTO.

Presented at the SIEL 2010 Conference in Barcelona.

Number of Pages in PDF File: 6

Keywords: Energy law, international trade, WTO, climate change, environment, environmental, GATT, TRIPS, GPA

JEL Classification: F02, F10, F12, F13, F14, K33, K32

working papers series





Download This Paper

Date posted: July 7, 2010  

Suggested Citation

Cottier, Thomas and Nartova, Olga and Rubini, Luca and Bigdeli, Sadeq Z. and Matteotti, Sofya and Selivanova, Yulia, Panel VII: Towards a WTO Framework Agreement on Trade in Energy (July 6, 2010). Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010. Available at SSRN: http://ssrn.com/abstract=1635385 or http://dx.doi.org/10.2139/ssrn.1635385

Contact Information

Thomas Cottier
University of Bern - Institute of European and International Economic Law ( email )
Hallerstrasse 6
Bern, CH-3012
Switzerland
+41 31 6313626 (Phone)
Olga Nartova
World Trade Institute - NCCR Trade Regulation - Swiss National Centre of Competence in Research ( email )
Hallerstrasse 6
Bern, 3012
Switzerland
0316313629 (Phone)
World Trade Institute ( email )
Hallerstrasse 6/8
Berne, CH-3012
Switzerland
Luca Rubini
University of Birmingham - School of Law ( email )
Edgbaston
Birmingham, B15 2TT
United Kingdom
HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=3818&Name=dr-luca-rubini
Sadeq Z. Bigdeli
affiliation not provided to SSRN ( email )
Sofya Matteotti (Contact Author)
affiliation not provided to SSRN ( email )
Yulia Selivanova
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 1,266
Downloads: 293
Download Rank: 60,322
Footnotes:  14

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.313 seconds