Pogoretskyy, Vitaliy; Melnyk, Sergii --- "Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security?" [2016] ELECD 1469; in Delimatsis, Panagiotis (ed), "Research Handbook on Climate Change and Trade Law" (Edward Elgar Publishing, 2016) 233

Book Title: Research Handbook on Climate Change and Trade Law

Editor(s): Delimatsis, Panagiotis

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478439

Section: Chapter 10

Section Title: Energy security, climate change and trade: does the WTO provide for a viable framework for sustainable energy security?

Author(s): Pogoretskyy, Vitaliy; Melnyk, Sergii

Number of pages: 23

Abstract/Description:

This chapter examines whether WTO provisions on trade in goods and services address adequately members’ concerns relating to energy security. This issue is discussed from the perspective of trade in sustainable energy, in particular natural gas, which is the least carbon-intensive resource among fossil fuels, biofuels, and renewable electricity. Energy security is a complex, multi-faceted issue, which must be analyzed from the perspective of the interests of major stakeholders in energy trade: an energy-importing State, an energy-exporting State, and, where applicable, a transit State. For each of these stakeholders, energy security has a different meaning. For energy importers, energy security can be defined as availability, affordability and sustainability of energy supply. For energy exporters, energy security means the ability to control own natural resources and the security of energy demand. Transit States often have regulatory concerns regarding the transit of energy through their territories, having a direct impact on the energy security of other members. In addition, practical challenges associated with energy security may vary depending on the energy source in question. The chapter identifies a number of issues affecting members’ energy security that are not adequately addressed by WTO law, and suggests ways to improve the WTO legal framework through the negotiations on a new comprehensive agreement on energy in the WTO.