Trade in Energy in the Region of the Caucasus and Central Asia: recent

regional and global issues

Azar Aliyev LL.M.

Overview

Trade in energy and resources: reversed interests

International regulation of the trade in energy: WTO, ECT, EurAsEC

Recent developments and WTO DSB jurisprudence

Possible consequences for members of ECT, which are not/not yet members of WTO

Trade in Energy and Resources: reversed interests

Classic: Exporter-States request easier access to the market, import restrictions are relevant

Energy and resources: importers are more interested in supply, export restrictions are decisive

WTO

Sovereignty over the ressources – conservation of exhaustable resources Art. XX g) GATTAlready extracted resources - covered by GATTDouble pricing – is not a quantitative restriction Art. XI GATT and not a subsidy under SCM, because not specific

ECT

General reference to the WTO rules, even for non-member states Art. 29 ECTDirect application of WTO rules to Azerbaijan and Kazakhstan No specific relevance

CIS and Eurasian Dimension

Special treaties on trade in energy in the framework of CISTreaty on oil and oil products - one of the cornerstones of the Customs Union and of the Eurasian Economic Community

Recent developments

Renewable energy as a new energy sourceDecisions of DSB (EU v. Canada)

Joint Conference of WTO and ECT in Brussels on 29 April

Possible consequences for Azerbaijan and Kazakhstan

Neither Azerbiajan nor Kazakhstan are members of the WTO, hence no possibility to be involved in the discussionsButWTO rules are applicable on Azerbaijan and Kazakhstan

Thank you very much!