Year: 2025
Type: article
Abstract: This article examines the peculiarities of international legal regulation of cross-border trade in energy resources within the framework of the World Trade Organization. Although the WTO was not originally established with the energy sector in mind, its framework — including the General Agreement on Tariffs and Trade (GATT) and related agreements — applies to energy trade. Particular attention is given to the principle of non-discrimination, the prohibition of quantitative restrictions, and freedom of transit, as well as the classification of energy resources. The work addresses the challenge of distinguishing between trade in energy goods and services (GATT and GATS) and highlights relevant WTO case law that illustrates the ambiguous application of general legal principles in the energy sector. It is concluded that environmental criteria and public policy considerations are becoming increasingly influential in the energy sector, indicating a potential need for a more specialized legal framework to regulate both the commodity and service dimensions of energy trade.
Source: Energy law forum
Author: Petr I. Chuvakhin
Institution: Moscow State Institute of International Relations
Language: English
Topic: World Trade Organization Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413220647