Global Trade Law Series
VOLUME 34
Series Editors
ROSS BUCKLEY
Professor, Faculty of Law, University of New South Wales, Sydney, Australia
Associate Series Editor
ANDREAS ZIEGLER
Professor, Faculty of Law and Criminal Sciences, University of Lausanne,
Lausanne, Switzerland.
Advisory Board
Kenneth W. Abbott, Professor of Law and Global Studies, Arizona State University, Tempe, Arizona.
William Alford, Professor of Law, Harvard Law School, Cambridge, Massachusetts.
Bhupinder Chimni, Professor of International Law, Jawaharlal Nehru University, New Delhi.
Bradly Condon, Professor of Law, Instituto Tecnolgico Autnomo de Mexico, Mexico City.
Thomas Cottier, Professor and Director of the World Trade Institute, University of Berne, Berne.
Martin Davies, Professor & Director, Maritime Law Center, Faculty of Law, Tulane University, New Orleans.
Xiang Gao, Professor of Law, China University of Politics and Law, Beijing.
Patricia Hansen, Professor, Faculty of Law, University of Texas, Austin, Texas.
Faizel Ismail, Head, Delegation of South Africa to the WTO.
Yong-Shik Lee, Professor of Law, St Johns University, New York.
Petros C. Mavroidis, Professor, Columbia University School of Law, New York, and University of Neuchatel, Switzerland.
Mitsuo Matsushita, Professor of Law, Seikei University, Professor Emeritus, The University of Tokyo, Japan.
Armand de Mestral, Professor of Law, McGill University, Montreal. Ernst-Ulrich Petersmann, Professor and Head of Law Department, European University Institute, Florence.
Asif Qureshi, Professor of International Economic Law, The University of Manchester, Manchester.
Aleka Sheppard, Professor & Founding Director, London Shipping Law Centre, University College, London.
Jeff Waincymer, Professor of International Trade Law, Faculty of Law, Monash University, Melbourne.
Jayashree Watal, Counsellor, Intellectual Property Division, World Trade Organization, Geneva.
Regulation of Energy in International Trade Law
WTO, NAFTA and Energy Charter
Edited by
Yulia Selivanova
Published by:
Kluwer Law International
PO Box 316
2400 AH Alphen aan den Rijn
The Netherlands
Website: www.kluwerlaw.com
Sold and distributed in North, Central and South America by:
Aspen Publishers, Inc.
7201 McKinney Circle
Frederick, MD 21704
United States of America
Email:
Sold and distributed in all other countries by:
Turpin Distribution Services Ltd.
Stratton Business Park
Pegasus Drive, Biggleswade
Bedfordshire SG18 8TQ
United Kingdom
Email:
eISBN 978-90-411-4279-5
2011 Kluwer Law International BV, The Netherlands
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher.
Permission to use this content must be obtained from the copyright owner. Please apply to: Permissions Department, Wolters Kluwer Legal, 76 Ninth Avenue, 7th Floor, New York, NY 10011-5201, USA. Email:
List of Contributors
Jos Guilherme Moreno Caiado is a Ph.D. candidate at the Graduate School in Law and Economics of the University of Hamburg, where he holds a DFG scholarship. From 2008 to 2010 he concluded a Master in Latin America Integration with a CAPES scholarship at the So Paulo University as well as a legal specialization in trade law at the European Institute in Saarbrcken, dealing primarily with WTO law, industrial subsidies in Brazil, and the international trade in biofuels. Before joining the University of Hamburg, Jos Caiado also participated in the trainee programme for lawyers of the Mission of Brazil to the WTO in Geneva and worked as lawyer in Sao Paulo, mainly in the sectors of company and competition law.
Gian Franco Chianale serves in the Unit of the European Commissions Directorate-General for Trade that is responsible for Legal Aspects of Trade Policy. He was a trainee at the Cabinet of EU Trade Commissioner Peter Mandelson and a Senior Policy Officer responsible for trade policy at the American Chamber of Commerce to the European Union (AmCham EU). He is also an external Ph.D. fellow at the Institute for Globalisation and International Regulation (IGIR) of Maastricht University. His research focuses on the WTO-compatibility of state measures affecting the importation and exportation of oil and gas. He holds a Degree in International and Diplomatic Sciences of the University of Turin and a LL.M in European Community Law of the College of Europe.
David Christy is Partner and Head of the WTO Practice of the law firm Thompson Hine LLP. Since 1998, he has served as an Adjunct Professor at Georgetown University Law Center, where he teaches courses on the WTO. He has advised a number of current WTO Members on their accession to the WTO and on the implementation of the resulting WTO commitments. He also has represented many WTO Members before dispute settlement panels and the Appellate Body.
Mireille Cossy graduated in Law at the Universities of Lausanne and Geneva (Switzerland). She works for the Trade in Services Division of the World Trade Organization, where her areas of specialization include the sectors of environmental, energy and health services. She joined the WTO in 1995, in the Trade and Environment Division and worked on the various aspects of the interrelationship between trade and the environment. She acted as secretary to various WTO disputes panels and WTO bodies. From 1993 to 1995, she carried out humanitarian missions with the International Committee of the Red Cross. From 1989 to 1993, she worked for the Swiss Ministry of Economic Affairs and participated in the Uruguay Round multilateral trade negotiations.
Lothar Ehring currently is the Assistant to Mr Pter Bals, Deputy Director-General at the Directorate-General for Trade of the European Commission, responsible for multilateral affairs, as well as trade defence instruments and bilateral trade relations with Eastern Europe and Central Asia.
Until 2008, Lothar Ehring served in the Unit of the European Commissions Directorate-General for Trade that is responsible for Legal Aspects of Trade Policy. He was the Coordinator for legal issues of multilateral trade, handled several WTO disputes and also represented the European Community in the negotiations on the reform of the WTO Dispute Settlement Understanding. Lothar Ehring specializes on horizontal questions of dispute settlement, the law of nondiscrimination, trade in agriculture and institutional questions of the WTO, topics on which he also lectures at universities and publishes in law reviews.
Prior to his appointment to the European Commission, Lothar Ehring briefly worked as Legal Affairs Officer in the Legal Affairs Division and the Appellate Body Secretariat of the World Trade Organization in Geneva, on dispute settlement cases and occasionally training trade officials from Member governments. He graduated in law from the University of Passau in Germany, holds the German qualification for the judicial office and a Master of Public Administration from Harvard University.