Trade and Investment Rules for Energy
I. Maintaining open Markets - Border Measures and Energy Trade
Bhagwati, J. and Mavroidis, P., "Is Action Against US Exports for Failure to Sign Kyoto Protocol WTO-Legal", World Trade Review 6(2), 2007, p 299.
Brewer, T., "The Kyoto Protocol and the WTO: Institutional Evolution and Adaptation", 28 Centre for European Policy Studies Brief (CEPS), December 2002.
Capoor, K. and Ambrosi, P., State and Trends of the Carbon Market 2007, The World Bank, 2007.
Charnovitz, S., Trade and Climate: Potential Conflicts and Synergies, Pew Center on Global Climate Change, Washington DC, 2003.
Commission of the European Communities, Green Paper: A European Strategy for Sustainable, Competitive and Secure Energy [COM(2006)105 final], Brussels, 2006.
Cosbey, A. (ed.), Trade and Climate Change: Issues in Perspective, International Institute for Sustainable Development, Winnipeg, Manitoba, Canada, 2008.
Crick, R., "Border Tax Adjustment in the Context of Emission Trading: Climate Protection or 'Naked' Protectionism?", to be published in 2008 Global Trade and Customs Journal.
Deal, T., WTO Rules and Procedures and Their Implication for the Kyoto Protocol", United States Council for International Business, January 2008.
European Parliament, Competitive Distortions and Leakage in a World of Different Carbon Prices, Policy Department, Brussels, July 2008, p 34.
Gerrard, M (ed), Global Climate Change and US Law, American Bar Association, Chicago, Ill, US 2007.
Hoerner, J.A., The Role of Border Tax Adjustments in Environmental Taxation: Theory and US Experience, International Workshop, Amsterdam, March 1998.
Howse, R., WTO Disciplines and Biofuels: Opportunities and Constraints in the Creation of a Global Marketplace, International Food and Agriculture Trade Policy Council, Washington, D.C., 2006.
Howse, R., "The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the Trade and Environment Debate", (2002) 27 Columbia Journal of Environmental Law 491.
Hufbauer, G. and Kim, J., Reconciling GHG Limits with the Global Trading System, Peterson Institute for International Economics, Washington, D.C., 2008.
Hufbauer, G., Charnovitz, S. and Kim, J., Global Warming and the World Trading System, Peterson Institute for International Economics, Washington, D.C., 2009.
International Centre for Trade and Sustainable Development, Trade in Environmental Goods and Services and Sustainable Development, Geneva, December 2007.
International Institute for Sustainable Development, Trade Policy Tools and Instruments for Addressing Climate Change and Sustainable Development, Winnipeg, Manitoba, Canada, December 2007.
International Institute for Sustainable Development, Climate, Equity and Global Trade, Winnipeg, Manitoba, Canada 2007.
Ismer, R., The WTO Compatibility Issue: Key Features and Contradictory Views, Ludwig-Maximilians-Universitat, Munchen. September 2008.
Ismer, R. and Neuhoff, K., Border Tax Adjustments: A Feasible Way to Address Non-participation in Emission Trading, Cambridge Working Papers in Economics CWPE 0409, 2004.
Jinnah, S., "Emissions Trading Under the Kyoto Protocol: NAFTA and WTO Concerns", 15 Georgetown International Law Review 709, Summer, 2003.
Jordan-Korte, K and Mildner, S., Climate Protection and Border Tax Adjustment: Economic Rationale and Political Pitfalls of Current US Cap-and-Trade Proposals, FACET Analysis 1, Washington, D.C., June 2008.
McKibbin, W., and Wilcoxen, P., The Economic and Environmental Effects of Border Tax Adjustments for Climate Policy, Brookings Conference, Washington, D.C., June 2008.
Pauwelyn, J., US Federal Climate Policy and Competitiveness Concerns: The Limits and Options of International Trade Law, Nicholas Institute for Environmental Policy Solutions, Duke University, April 2007.
Potts, J., The Legality of PPMs Under the GATT, International Institute for Sustainable Development, Winnipeg, Manitoba, Canada, 2008.
Selivanova, Y., The WTO and Energy: WTO Rules and Agreements of Relevance to the Energy Sector, ICTSD Programme on Trade and Environment, Issue Paper No. 1, Geneva, August 2007.
Selivanova, Y., Energy Dual Pricing in the WTO: Analysis and Prospects in the Context of Russia's Accession to the World Trade Organization, Cameron May, London, U.K., 2008.
Tarasofsky, R., "Heating Up International Trade Law: Challenges and Opportunities Posed by Efforts to Combat Climate Change", Carbon & Climate Law Review, 2008.
UN-Energy, "Energy in the United Nations: An Overview of UN-Energy Activities", New York, 2006.
World Bank, "International Trade and Climate Change: Economic, Legal and Institutional Perspectives", Washington, D.C., 2008.
World Energy Council, Energy and Climate Change, London, U.K., 2007.
World Energy Council, Deciding the Future: Energy Policy Scenarios to 2050, London, U.K. 2007.
World Trade Organization, The Multilateral Trading System and Climate Change, Brussels, 2008.
Zarrilli, S, "The Doha Work Programme: Possible Impact on Energy Trade and on Domestic Policies in Energy-Producing Developing Countries', 21 Journal of Energy and Natural Resources Law, 2003 399.
II. Promoting Energy-related Investments
Dugan, C., Wallace, D., Rubins, N and Sabahi, B., Investor-State Arbitration (Oxford U. Press, 2008).
Investor-State Dispute Settlement and Impact on Investment Rulemaking (UNCTAD, Geneva, 2007).
World Investment Report: Transnational Corporations and the Infrastructure Challenge (United Nations, New York and Geneva, 2008).
International Investment Agreements, OECD, Directorate for Financial and Enterprise Affairs, www.oecd.org.
International Centre for Settlement of Investment Disputes, ICSID Cases, http://icsid.worldbank.org.
III. Aiding the Movement and Delivery of Energy Services
Evans, Peter C., Liberalizing Trade in Energy Services (Washington, D.C. 2002).
Energy and Environmental Services: Negotiating Objectives and Development Priorities, (UNCTAD, New York and Geneva, 2003.
Energy Services, Background Note by the WTO Secretariat, S/C/W/52. 9 September 1998.
Services Sectoral Classification List, Note by the GATT Secretariat, MTN.GNS/W/120, 10 July 1991.
Sustainable Development Opportunities and Challenges of Trade in Energy Services in the WTO and Beyond, Informal Roundtable, ICTSD, 20 April 2007.
Global Services Coalition Statement: Objectives for the WTO Negotiations, 20 November 2007.
"Energy Trade in the WTO", address by Pascal Lamy to the 20th World Energy Congress, Rome, 15 November 2007.
See also: various proposals submitted during the Doha Round by individual delegations on energy services, including: Venezuela (S/CSS/W/69, 29 March 2001); European Union (S/CSS/W/60, 25 March 2001); United States (S/CSS/W/24, 18 December 2000.
IV. Promoting Trade in environmental Goods and Services
Elements Required for the Completion of the Services Negotiations, Report by the Chairman, Council for Trade in Services Special Session, TN/S/33, 26 May 2008 and 12 February 2008 [JOB(08)/5]: http://www.wto.org/english/news_e/news08_e/serv_may08_e.htm#report.
Summary of U.S. and E.C. Proposal for Liberalizing Trade in Environmental Goods and Services in the WTO DDA Negotiations, Geneva, 30 November 2007.
"USTR Schwab to Announce New Climate Initiatives for WTO, Including a New Environmental Goods and Services Agreement (EGSA)", USTR Press Release, 30 November 2007.
Liberalization of Trade in Environmental Goods for Climate Change Mitigation: The Sustainable Development Context, ICTSD, August 2008/
Synthesis of Submissions on Environmental Goods, Informal Note by the Secretariat, CTE Special Session, 17 November 2005 (TN/TE/W/63).
Sell, Malena, "Trade, Climate Change and the Transition to a Sustainable Energy Future: Framing the Debate", ICTSD, Geneva, November 2006.
Simonetta Zarrilli, "International Trade in Environmental Services and the Developing Countries", in Energy and Environmental Services: Negotiating Objectives and Development Priorities (UNCTAD 2003).
OECD/Eurostat, The Environmental Goods and Services Industry: Manual for Data Collection and Analysis (Paris, 1999).
V. Facilitating Cross-border Movement of Energy Services Personnel
The General Agreement on Trade in Services: An Introduction, WTO, 29 March 2006 (3776.4).
Movement of Natural Persons (Supp.), Communication from Japan, Council for Trade in Services, S/CSS/W/42/Suppl.2, 6 July 2001.
Movement of Natural Persons, Communication from the United States, Council for Trade in Services, Special Sessions, S/CSS/W/29, 18 December 2000.
Proposed Liberalisation of Movement of Professionals under General Agreement on Trade in Services (GATS), Communication from India, S/CSS/W/12, 24 November 2000.
APEC, Business Mobility Group, http://www.businessmobility.org.
"Position Paper on the procedures regulating the entry into, the temporary stay and residence of intra-corporate transferees (ICTs)", American Chamber of Commerce April 7, 2008