Energy in WTO law and policy

Questions on the scope and application of World Trade Organization (WTO) rules to international trade in energy have been some of the most charged debates in international law over the last few decades. While progress has been made in clarifying the nature, scope, and application of energy related obligations under WTO law and policy, a number of questions remain unresolved. These debates have assumed greater significance and urgency as the United Nations 2030 Agenda for Sustainable Development underscores the need for enhanced partnership – globally, regionally and nationally – on trade and energy issues in order to promote energy for all. The first objective of this chapter is to consider the current status of energy under WTO rules and law. It discusses key phases in efforts to clarify and harmonize trade and energy governance in WTO law and policy. The second objective of this chapter is to examine key unresolved challenges and questions that remain about how to effectively interpret and implement energy-related obligations in WTO law and policy in a coordinated, coherent and less fragmented manner. The key issues remain threefold: harmonizing existing WTO rules with obligations set out in regional and international energy treaties; advancing coordination and cooperation between the WTO and energy institutions; and reducing or eliminating tariff and non-tariff trade barriers to energy goods and services. This chapter suggests a wide array of mutually supportive solutions that can help maximize coherence and integration of energy in WTO law and policy.