Fair Access to Energy Resources, Market Transfers and Climate Change in the WTO

Espa, Ilaria (2015). Fair Access to Energy Resources, Market Transfers and Climate Change in the WTO. Diritto del Commercio Internazionale, 29(1), pp. 203-223. Giuffrè

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This paper addresses the issues of dual pricing and export restrictions in the energy sector, stressing the comparability of their economic and climate change impacts. It assesses whether WTO disciplines relevant and applicable to such practices are well-equipped to ensure fair access to energy resources. It finds that relevant GATT disciplines are overall deficient in the case of dual pricing and export taxes, while the landscape of WTO-plus obligations generally consisting of a network of narrowly tailored commitments. It discusses possible avenues to address such practices under the ASCM to the extent that they distort domestic energy prices and subsidize consumption of cheap fossil fuels

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