Key Findings of Broader Systemic Relevance from the EU-Energy Package WTO Panel Report

摘要

In the EU-Energy Package dispute, Russia challenged certain aspects of the EU's domestic gas market policies as being inconsistent with WTO rules. This dispute is significant not only for assessing the legitimacy of certain aspects of EU energy policy under WTO law but also for being the first WTO dispute to expansively address aspects of domestic natural gas regulation from the perspective of WTO law. Moreover, the findings of the Panel are relevant to clarify the scope of application of WTO rules to the energy sector generally-an unresolved but important concern. In this article, the author will analyse those findings that may have broader systemic implications for future energy-trade governance. While some findings were anticipated, other findings of the Panel were more, or sometimes less, contentious. On the one hand, while uncontentious, the Panel's findings in relation to the essential role transportation through fixed infrastructure has for the supply of certain energy commodities, such as natural gas, will have broader systemic relevance in the future. On the other hand, the Panel's findings in relation to the likeness and competitive relationship between LNG and natural gas transported by pipeline might be considered arguable.