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) GATT Already extracted resources - covered by GATT Double 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 ECT Direct 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 CIS Treaty 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 source Decisions 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 discussions But WTO rules are applicable on Azerbaijan and Kazakhstan

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