Energy Trade as a Special Sector in the WTO: Unique Features, Unprecedented Challenges and Unresolved Issues

Indian Journal of International Economic Law, Vol. 6, pp. 1-53, 2014

Queen Mary School of Law Legal Studies Research Paper No. 176/2014

55 Pages Posted: 4 Jun 2014 Last revised: 13 Nov 2014

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Alfaisal University

Dr. Ehab Abu Gosh

Queen Mary, University of London

Date Written: June 2, 2014

Abstract

The law of the World Trade Organization (WTO) governs and regulates trade relationships among WTO members. Within the scope of the WTO, energy trade is one of the most significant trade sectors, as it constitutes the largest primary commodity of global trade in terms of volume and value. For decades, the energy trade sector has been treated as a special case because of the unique features attached to the energy sector in general and energy trade in particular. This special treatment should continue due to a combination of crucial factors: firstly, the uniqueness and importance of energy; secondly, the unprecedented challenges and concerns that confront global energy industries in general and energy trade in particular; and thirdly, certain legal debates and unresolved issues that emerge from the intersection between WTO law and energy trade. This article aims to examine the various factors that distinguish energy trade from other trade sectors, highlighting those significant factors and analyzing in depth their components.

Keywords: international trade in energy, GATT/WTO law, energy-rich countries, international trade law

JEL Classification: K33, Q40, F1

Suggested Citation

Leal-Arcas, Rafael and Abu Gosh, Dr. Ehab, Energy Trade as a Special Sector in the WTO: Unique Features, Unprecedented Challenges and Unresolved Issues (June 2, 2014). Indian Journal of International Economic Law, Vol. 6, pp. 1-53, 2014, Queen Mary School of Law Legal Studies Research Paper No. 176/2014, Available at SSRN: https://ssrn.com/abstract=2444997

Rafael Leal-Arcas (Contact Author)

Alfaisal University ( email )

P.O. Box 50927
Riyadh, 11533
Saudi Arabia

Dr. Ehab Abu Gosh

Queen Mary, University of London ( email )

Lincoln's Inn Fields
Mile End Rd.
London, E1 4NS
United Kingdom

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