The linkages between WTO rules governing trade and energy security with a certain degree of focus on India are the main subject of this book. The edited volume brings together the views of academics, policymakers and experts with extensive experience covering WTO and international trade issues. The issues examined include mapping the linkages between trade and energy security in the WTO agreements, case law, accession and Doha negotiations; assessing the issues that could be raised by energy deficit or energy surplus countries at the WTO; analyzing the provisions of the ECT and NAFTA vis-à-vis the Indian policy framework and examining the trade regimes of selected OPEC members and other major suppliers of fossil fuels to India. While the Indian perspective is evident in the contributions, this book will also be of interest to an international audience, as trade, the WTO and energy security are global concerns and of relevance to all practitioners and academics working on these issues.
This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies – Great Britain and Brazil – this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.
Energy security has become a top priority issue for the United States and countries around the globe, but what does the term "energy security" really mean? For many it is assuring the safe supply and transport of energy as a matter of national security. For others it is developing and moving toward sustainable and low-carbon energy sources to avoid environmental catastrophe, while still others prioritize affordability and abundance of supply. The demand for energy has ramifications in every part of the globe—from growing demand in Asia, to the pursuit of reserves in Latin America and Africa, to the increased clout of energy-producing states such as Russia and Iran. Yet the fact remains that the vast majority of global energy production still comes from fossil fuels, and it will take a thorough understanding of the interrelationships of complex challenges—finite supply, environmental concerns, political and religious conflict, and economic volatility—to develop policies that will lead to true energy security. In E nergy Security, Brookings scholars present a realistic, cross-disciplinary look at the American and global quests for energy security within the context of these geopolitical, economic, and environmental challenges. For example, political analysts Pietro Nivola and Erin Carter wrap their arms around just what is means to be "energy independent" and whether that is an advisable or even feasible goal. Suzanne Maloney addresses "Energy Security in the Persian Gulf: Opportunities and Challenges," while economist Jason Bordoff and energy analyst Bryan Mignone trace the links between climate policies and energy-access policies. Carlos Pascual and his colleagues examine delicate geopolitical issues. Assuring long-term energy security remains one of the industrialized world's most pressing priorities, but steps in that direction have been controversial and often dangerous, and results thus far have been tenuous. In this insightful volume, Brookings
Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade – as well as energy-related issues addressed in the current WTO negotiations – the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.
øSelected legal deficiencies relating to international energy governance are identified in this salient book. The currently fragmented and multi-layered international energy governance regime is exposed and reviewed. If governanceø were streamlined for
This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.
From a Western point of view, the policy of economic engagement with China has failed. A rapid rise in living standards in China has helped legitimize and strengthen the Chinese Communist Party’s power. How did Western, market-orientated, property-owning, liberal democracies go from being in a position of complete global hegemony in the early 1990s to the current crisis of confidence and loss of moral foundation? This book tells the story of the most successful trading nation of the early twenty-first century. It looks at how the Communist Party of China has retained and cemented its monopoly on political power since China’s accession to the World Trade Organization in December 2001. It is the most extraordinary economic success story of our time and it has reshaped the geopolitics not just of Asia but of the world. As China has come to dominate global manufacturing, its economic power has been translated into political power, and the West now has a global rival that is politically antithetical to liberal values. The supply-side deflation from allowing 750 million low-cost workers into the global trading system combined with the policy of inflation targeting by Western central banks has led to falling real incomes for many in the West and rising asset prices that have benefited the few. Worse still, China’s mercantilist model is now held up as a viable economic alternative. To have a fighting chance of protecting the freedoms of liberal democracies, it is of the utmost importance that we understand how the policy of indulgent engagement with China has affected Western society in recent years. Only then can the global trading system be reoriented for the mutual benefit of all nations.
A Brookings Institution Press and Global Public Policy Institute publication The global market for oil and gas resources is rapidly changing. Three major trends—the rise of new consumers, the increasing influence of state players, and concerns about climate change—are combining to challenge existing regulatory structures, many of which have been in place for a half-century. Global Energy Governance analyzes the energy market from an institutionalist perspective and offers practical policy recommendations to deal with these new challenges. Much of the existing discourse on energy governance deals with hard security issues but neglects the challenges to global governance. Global Energy Governance fills this gap with perspectives on how regulatory institutions can ensure reliable sources of energy, evaluate financial risk, and provide emergency response mechanisms to deal with interruptions in supply. The authors bring together decisionmakers from industry, government, and civil society in order to address two central questions: •What are the current practices of existing institutions governing global oil and gas on financial markets? •How do these institutions need to adapt in order to meet the challenges of the twenty-first century? The resulting governance-oriented analysis of the three interlocking trends also provides the basis for policy recommendations to improve global regulation. Contributors include Thorsten Benner, Global Public Policy Institute, Berlin; William Blyth, Chatham House, Royal Institute for International Affairs, London; Albert Bressand, School of International and Public Affairs, Columbia University; Dick de Jong, Clingendael International Energy Programme; Ralf Dickel, Energy Charter Secretariat; Andreas Goldthau, Central European University, Budapest, and Global Public Policy Institute, Berlin; Enno Harks, Global Public Policy Institute, Berlin; Wade Hoxtell, Global Public Policy Institute, Berlin; Hillard Huntington, Energy Modeling Forum, Stanford University; Christine Jojarth, Center on Democracy, Development, and the Rule of Law, Stanford University; Frederic Kalinke, Department of Politics and International Relations, Oxford University; Wilfrid L. Kohl, School of Advanced International Studies, Johns Hopkins University; Jamie Manzer, Global Public Policy Institute, Berlin; Amy Myers Jaffe, James A. Baker Institute for Public Policy, Rice University; Yulia Selivanova, Energy Charter Secretariat; Tom Smeenk, Clingendael International Energy Programme; Ricardo Soares de Oliveira, Department of Politics and International Relations, Oxford University; Ronald Soligo, Rice University; Joseph A. Stanislaw, Deloitte LLP and The JAStanislaw Group, LLC; Coby van der Linde, Clingendael International Energy Programme; Jan Martin Witte, Global Public Policy Institute, Berlin; Simonetta Zarrilli, Division on International Trade and Commodities, United Nations Conference on Trade and Development.
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
