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  • 2 - Energy’s Place in International Trade Law History

  • from Part I - Energy in International Trade Law: Concepts, History and Legal Framework
  • Anna-Alexandra Marhold, Universiteit Leiden
  • Book:
    Energy in International Trade Law
    Published online:
    24 June 2021
    Print publication:
    15 July 2021, pp 35-65

  • Summary

    This chapter discusses the controversial status of energy in international trade law from the early years of GATT up to the present time. It exposes as mistaken the assumption that energy was de jure excluded from the scope of GATT and the WTO through a study of commitments made in early GATT schedules. The chapter then analyses the factors have led to energy attracting more attention in the multilateral trading system, such as the oil crises in the 1970s, the emergence of new types of energy, the accession of major energy producers to the WTO and the inclusion of energy services as a negotiation topic in the Doha Round. Finally, the chapter discusses energy as a topic in WTO accession protocols and the rise of energy-related disputes in the WTO Dispute Settlement System