The rules of the multilateral system embodied in the World Trade Organization (WTO) have been perceived in the past by some to leave the energy sector outside the scope of the WTO. There is however no doubt that these general rules cover trade in energy. The WTO framework contains rules essential for the regulation of energy trade relations, such as rules on import/export restrictions, transit, subsidies, and technical regulations. The WTO framework importantly also provides for enforcement of these rules through a binding dispute settlement. The Energy Charter Treaty - the only inter-regional multilateral treaty specific to energy - is based on the WTO rules. The Energy Charter Treaty (ECT) applies those rules specifically to energy trade and also among Energy Charter Treaty states which are outside the WTO. The Energy Charter Treaty contains valuable additions to the WTO framework on transit and investment protection in the energy sector as well as a framework for energy efficiency.
The aim of the Workshop was to shed light on the application of existing international rules embodied in WTO, and in the ECT on trade and investment in energy. The Workshop was also aimed at raising awareness of the challenges the energy sector currently faces and the implications of such challenges for the regulatory framework. More specifically, the discussion focused on the interaction of the Energy Charter Treaty and the World Trade Organization Agreements.
Opening the Workshop on the Role of Intergovernmental Agreements in Energy Policy, held by the Energy Charter Secretariat at the WTO in Geneva on 29 April 2013, Mr. Lamy stressed the importance of open, predictable and transparent trade in achieving the international community's energy goals, including improved access and sustainability.
Amb. Kuneralp emphasised that binding rules are of a particular importance for the sector where uncertainties have such a tremendous impact on economies and societies. In this context, the Chairman of the Energy Charter Conference accentuated the value added of the Energy Charter Treaty to the general framework contained in the WTO Agreements: the ECT contains an investment protection framework, crucial for predictability and risk management in the energy sector.
The Energy Charter Secretary General Dr. Rusnák noted that special features of trade in energy products may necessitate a specialised approach to the regulation of energy trade. He reminded the audience that in negotiations of rules on energy the key issue to remember is the need for a balance between the interests of different stakeholders. From this point of view, the Charter Process contributes to the dialogue between different groups of players: consuming, producing, transit countries, at all stages of economic development. No other energy-related organisation provides a common platform for the development and implementation of binding disciplines among these different groups of stakeholders.