EU AND RUSSIA ENERGY TRADE:
IMPACT OF WTO, TRANSIT AND
INTEGRATED ECONOMIC AREAS
Dmitry K. Labin,
Doctor of Law, Professor of the Department of
International Law at MGIMO University,
Attorney at law, Arbiter of the Arbitration Tribunal of the
Moscow Chamber of Commerce and Industry, Russia
www.labin.ru
Issues
•
Introduction: Russia accession to WTO
•
WTO law and International Law
•
Legal nature of natural resources
•
Regulation of trade in energy products
under the WTO rules
•
Some practical issues
Marrakesh Agreement Establishing the
World Trade Organization
singed on the 14th of April 1994
entry into force since the 1st of January 1995
157 Member States
Russia accessed on the 22nd of August 2012
WTO main principles
trade without discrimination
further liberalization of trade through the
multilateral trade negotiations
predictable market access, including rules on
mutual obligations of States and transparency
fair competition in international trade
encouragement for institutional development
and economic reforms with the special and
Sources of WTO law
Marrakesh Agreement Establishing the WTO
numerous other agreements and understandings
included in the annexes to this basic agreement
other relevant international conventions
customary international law
general principles of law and
both judicial decisions and teachings of the most
highly qualified publicists as subsidiary means
Legal nature of
energy resources
Statuses of natural resources
undiscovered resources in the subsoil
explored, but not extracted resources
extracted resources
Sovereign rights of a
State over natural resources
Resolution adopted by the General
Assembly
3281 (XXIX). Charter of Economic
Rights and Duties of States
ARTICLE 2.1
The Organization is based on
the principle of the sovereign
equality of all its Members.
ARTICLE 2
Every state has and shall freely
exercise full permanent sovereignty,
including possession, use and
disposal, over all its wealth, natural
resources and economic activities.
Regulation of trade in energy
products under the WTO rules
GATT Agreement
• Article I on the general most-favored nation regime.
• Article V on the freedom of transit
• Article VI on the application of anti-dumping and
countervailing duties in the case of subsidies
• Article XI on the prohibition of quantitative restrictions
on the import / export
Practical issues
•
The problem of coordination in setting
global oil prices
•
WTO, Russia and the integration areas.
The issue of export duties
•
Russia and the EU - energy sector
perspectives
Conclusions and
recommendations
 to set the same fair rules for the
exporting and importing energy
products countries and
 make sure that they are applied
coherently on a constant universal basis
and are not invoked only when it is to
the benefits of one actor and ignored
otherwise