World Trade Law and the Emergence of International Electricity Markets

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
		References
	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
		References
	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
		References
	Chapter 6: The Energy Charter Treaty and the Regulation of Electricity Trade
		6.1 The Relationship Between the ECT and the WTO Agreements
		References
	Chapter 7: Electricity in Other Preferential Trade Agreements
		References
	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
		References
	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
		References
	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
		References
	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
		References
	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
		References
	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