7 - The Emerging Concept of Energy Security in International Trade Law

Summary

The settlement of high-level disputes concerning energy trade is a relatively novel phenomenon in the multilateral trading system, although their number is steadily growing. The emergence of such disputes has brought to the fore energy-related concepts not previously faced by WTO panels and the Appellate Body (AB). One crucial concept in this regard is energy security’. The goal of this chapter is to shed light on the emerging notion of energy security in international trade and WTO law. Taking a two-pronged approach, it starts by studying the meaning of the concept of energy security and its evolving role in international (trade) law, and then critically assesses how panels and the AB have dealt with energy security and the implications of this case law for its treatment in future disputes.