World trade law and the emergence of international electricity markets / Christopher Frey.

Format:

Book

Author/Creator:

Frey, Christopher (Writer on energy regulation), author.

Series:

European Yearbook of International Economic Law ; v.25

Language:

English

Subjects (All):

International interconnected electric utility systems--Law and legislation.

International interconnected electric utility systems.

Physical Description:

1 online resource (284 pages)

Place of Publication:

Cham, Switzerland : Springer, [2022]

System Details:

Mode of access: World Wide Web.

Summary:

The expansion of cross-border power transmission infrastructures and the regional integration of electricity markets are accelerating on several continents. The internationalization of trade in electric energy is embedded in an even greater transformation: the transition from fossil fuels to renewable energies and the race to net zero emissions. Against this backdrop, this book provides a comprehensive examination of the regulatory framework that governs the established and newly emerging electricity trading relations. Taking the technical and economic foundations as a starting point and thoroughly examining current developments on four continents, the book provides a global perspective on the state of the art in electricity market integration. in doing so, it focuses on the most relevant issues including transit of electricity, quantitative restrictions, market foreclosure and anti-competitive practices employed by the actors on electricity markets. In turn, the book carefully analyzes the regulatory framework provided by the WTO Agreements, the Energy Charter Treaty and other relevant preferential trade agreements. In its closing section, it moves beyond the applicable legal architecture to make concrete proposals on the future design of global trade rules specifically tailored to the electricity sector, which could provide a more reliable and transparent framework for the multilateral regulation of electricity trade.

Contents:

Intro

Preface

Contents

Abbreviations

Part I: The Technical and Regulatory Foundations of Electricity Trade and the Emergence of International Electricity Markets

Chapter 1: General Introduction

1.1 The Current State of Research

1.2 The Structure of This Book

References

Chapter 2: Technical and Regulatory Foundations of Electricity Trade

2.1 Technical Aspects of Electricity Systems

2.1.1 The Physical Properties of Electricity

2.1.2 Grid Dependency and Capacity Constraints

2.1.3 Storage of Electricity

2.1.4 The Evolution of Electricity Systems

2.1.5 Contemporary Electricity Systems

2.1.6 The Electricity System of the Future

2.1.6.1 The Impact of the Energy Transition

2.1.6.2 Smart Grids and Microgrids

2.1.6.3 New Storage Options for Electricity

2.1.7 Interim Conclusions on the Technical Aspects of Electricity Systems

2.2 Regulatory and Commercial Aspects of the Electricity Sector

2.2.1 Development of Electricity Sector Regulation

2.2.2 The Natural Monopoly Character of Transmission and Distribution

2.2.3 Electricity Supply As a Public Service

2.2.4 Regulation of Access to the Electricity Network

2.2.5 Wholesale Markets for Electricity

2.2.6 Power Purchase Agreements (PPAs)

2.2.7 Interim Conclusions on Regulatory and Commercial Aspects

Chapter 3: The Advent of International Electricity Trade

3.1 The Benefits of International Electricity Trade

3.1.1 Scale Benefits and Security of Supply

3.1.2 Optimization of Generation Costs

3.1.3 Benefits of Cross-Border Trade for the Integration of Renewable Energies

3.2 The Emergence of Regional Electricity Markets

3.2.1 The EU Internal Electricity Market

3.2.1.1 Development and State of Interconnection

3.2.1.2 The Regulatory and Institutional Framework

3.2.1.3 Outlook.

3.2.2 Electricity Trade Among the US, Canada and Mexico

3.2.2.1 Development and State of Interconnection

3.2.2.2 The Regulatory and Institutional Framework

3.2.2.3 Outlook

3.2.3 The Southern African Power Pool

3.2.3.1 Development and State of Interconnection

3.2.3.2 The Regulatory and Institutional Framework

3.2.3.3 Outlook

3.2.4 The West African Power Pool

3.2.4.1 Development and State of Interconnection

3.2.4.2 The Regulatory and Institutional Framework

3.2.4.3 Outlook

3.2.5 The Central American Power Market

3.2.5.1 Development and State of Interconnection

3.2.5.2 The Regulatory and Institutional Framework

3.2.5.3 Outlook

3.2.6 Interim Conclusions on Regional Electricity Markets

3.2.7 Steps Towards a Global Interconnection of Electricity Networks

Chapter 4: Final Conclusions to Part I

Part II: World Trade Law and the Regulation of Electricity Trade

Chapter 5: WTO Law and the Regulation of Electricity Trade

5.1 The Status of the Energy Sector in the WTO Legal Order

5.1.1 The Absence of Energy-Specific Provisions in the WTO Agreements

5.1.2 The Energy Sector in WTO Dispute Settlement

5.2 Locating Electricity Within the Framework for Goods and Services

5.2.1 General Considerations: `Goods´ and `Services´ in the WTO Legal Framework

5.2.2 The Physical Characteristics of Electricity

5.2.3 Commercial Aspects of Electricity

5.2.4 The Status of Electricity in Domestic Legal Systems

5.2.5 International Treaties and PTAs

5.2.6 Treatment of Electricity in the Canada: Renewable Energy Dispute

5.2.7 Treatment of Electricity in International Classification Instruments for Customs Purposes

5.2.8 Electricity in Services Classification Instruments

5.2.8.1 The Classification of the Generation of Electricity.

5.2.8.2 The Classification of Transmission and Distribution of Electricity

5.2.9 Conclusions on the Classification of Electricity and Consequences for the Application of the GATT and the GATS

5.3 Electricity As a Subject of WTO Accessions

5.4 Lessons from the Treatment of Electricity in WTO Dispute Settlement

Chapter 6: The Energy Charter Treaty and the Regulation of Electricity Trade

6.1 The Relationship Between the ECT and the WTO Agreements

Chapter 7: Electricity in Other Preferential Trade Agreements

Chapter 8: Final Conclusions to Part II

Part III: Barriers to Electricity Trade and the Role of World Trade Law

Chapter 9: A Typology of International Trade Issues in the Electricity Sector

Chapter 10: Market Structure As an Impediment to International Trade in Electricity: Vertical Integration, Monopolies and Stat...

10.1 Applying the Legal Disciplines: State-Owned Enterprises and Beyond

10.1.1 Article XVII GATT

10.1.2 Article VIII GATS

10.1.3 Article XVI:2 (a) GATS

10.1.4 Additional Disciplines in the ECT and PTAs

10.2 Conclusions on Market Structure As an Impediment to International Electricity Trade

10.3 Interlude: The Role of Private Actors in the Electricity Sector and the Application of WTO Law

Chapter 11: Quantitative Import and Export Restrictions

11.1 Electricity Import Restrictions

11.1.1 Reasons for Restricting Electricity Imports

11.1.1.1 Political Economy Reasons: Safeguarding the Competitiveness of Domestic Generation

11.1.1.2 System Security Reasons

11.1.1.3 Public Policy Goals

11.1.1.4 Environmental Protection and Public Health

11.1.1.5 Climate Change

11.1.1.6 National Security

11.2 Means of Restricting Cross-Border Electricity Flows

11.3 Restrictions on Exports of Electricity.

11.4 Applying the Legal Discipline: Article XI GATT

11.4.1 The Relationship Between Articles XI and III GATT

11.4.2 Article XI GATT

11.4.2.1 Import and Export Licensing

11.4.2.2 `Other Measures´

11.4.3 Exceptions: Article XI:2 and Article XX GATT

11.4.3.1 Article XI:2 GATT

11.4.3.2 The General Exceptions in Article XX GATT

11.4.4 Notification and Administration of Quantitative Restrictions

11.5 Additional Disciplines in the ECT and PTAs

11.6 Conclusions on Import and Export Restrictions

Chapter 12: Transit of Electricity

12.1 Special Features of Electricity Transit

12.2 Applying the Legal Discipline: Article V GATT

12.2.1 Article V:2: `Freedom of Transit () Via the Routes Most Convenient´

12.2.2 Capacity Establishment

12.2.3 Network Access

12.2.4 The Second Sentence of Article V:2: `No Distinction´

12.2.5 Article V:3 and V:4 GATT

12.2.6 Article V:5 and V:6 GATT: The Transit MFN Principles

12.3 Transit Through Privately-Owned Electricity Infrastructure

12.4 Transit Disciplines in the ECT and PTAs

12.5 Conclusions on Transit

Chapter 13: Final Conclusions to Part III

Part IV: Towards a Coherent Regulatory Framework for International Electricity Trade

Chapter 14: The Road Ahead for Multilateral Electricity Trade Regulation

14.1 An Integrated Approach for the Energy Sector or Electricity-Specific Rules?

14.2 Building Blocks of a Multilateral Regulatory Regime for Electricity Trade

14.2.1 Classification of Goods and Services Along the Electricity Value Chain

14.2.2 Principles on Electricity Transit

14.2.2.1 Scope of Application

14.2.2.2 MFN Treatment

14.2.2.3 Transmission Tariffs and Compensation for Hosting Cross-Border Flows

14.2.2.4 Network Access

14.2.2.5 Dealing with Loop Flows and System Security Challenges.

14.2.3 Basic Principles on Good Regulatory Practice

14.3 Finding the Right Forum: Where Should Electricity-Specific Trade Rules Be Defined?

14.3.1 A Reformed Energy Charter Treaty

14.3.2 Accommodating Rules on International Electricity Trade in the WTO Framework

14.3.2.1 A WTO Sectoral Agreement on Electricity Trade

14.3.2.2 A Reference Paper on Services Related to Electricity

14.4 Final Conclusions to Part IV

Chapter 15: General Conclusions

Case Law

WTO Panel and Appellate Body

GATT

European Court of Justice

Decisions of Domestic Courts

United States

Switzerland

Legislation

WTO Agreements

Bilateral and Regional Trade Agreements

Other International Agreements

WTO Documents

Documents of International Organisations

EU Legislation

Other EU Documents

National Legislation

Other Institutional Sources

News Articles

References.

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

Other Format:

Print version: Frey, Christopher World Trade Law and the Emergence of International Electricity Markets

ISBN:

9783031047565