Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Serra, Pierre --- "NON-DEROGATION FROM WTO AGREEMENT" [2018] ELECD 1537; in Leal-Arcas, Rafael (ed), "Commentary on the Energy Charter Treaty" (Edward Elgar Publishing, 2018) 64

Book Title: Commentary on the Energy Charter Treaty

Editor(s): Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

ISBN: 9781788117487

Section: ARTICLE 4

Section Title: NON-DEROGATION FROM WTO AGREEMENT

Author(s): Serra, Pierre

Number of pages: 6

Abstract/Description:

This chapter contextualizes the trade regime defined by the Energy Charter Treaty. Designed to foster market openness in the field of energy for non-WTO countries, the ECT applies to countries which are WTO members and non-WTO members. Aiming at acclimatizing non-WTO countries to free trade, the Charter’s trade regime is alleviated and distinct from the WTO one. However, Article 4 closes the loop for WTO parties which are bound to the ECT. The formers cannot derogate from their WTO obligations on the basis of the Charter’s trade regime. Whence, the ECT does not affect trade interactions between WTO parties. Hence, this provision allows to the determine which trade regime applies – depending on the parties interacting with each other.