Energy Export Restrictions in the WTO Between Resources Nationalism and Sustainable Development

Espa, Ilaria (2015). Energy Export Restrictions in the WTO Between Resources Nationalism and Sustainable Development. In: Romanin Jacur, Francesca; Bonfanti, Angelica; Francesco, Seatzu (eds.) Natural Resources Grabbing: An International Law Perspective. Legal studies on access and benefit-sharing: Vol. 4 (pp. 361-380). Leiden, Niederlande: Brill

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This chapter aims at contributing to the trade and energy debate by focusing on the specific issue of export restrictions. It starts from the premise that a balanced and efficient regulation of export barriers in the energy sector would contribute to tackle emerging energy concerns such as energy security and the elimination of fossil fuel subsidies in light of the challenge of climate change mitigation. It assesses the adequacy of existing WTO rules on export restric­tions and accordingly identifies the main gaps and inconsistencies inherent in the current disciplines from an energy-specific perspective. Finally, it discusses the merits of an energy-specific approach to advance existing disciplines in the most deficient area of export duties based on the systematisation of the Russian ‘model’. Such approach could raise the overall level of commitments in the energy sector while still allowing for the systemic applicability of GATT environmental exceptions in a manner consistent with the principle of sus­tainable development recognised in the Preamble of the WTO Agreement.

Item Type:

Book Section (Book Chapter)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Espa, Ilaria

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

ISSN:

2213-493X

ISBN:

9789004305663

Series:

Legal studies on access and benefit-sharing

Publisher:

Brill

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

24 Jun 2016 13:53

Last Modified:

31 May 2017 14:06

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/83910

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