چکیده:
Energy is becoming increasingly important in international trade relations, but the World Trade Organization has not specifically addressed this sector, which has caused problems in regulating trade in energy goods and services. In addition, the increasing willingness of countries to use renewable energies, due to concerns arising from global warming and environmental pollution, has led to serious challenges in applying WTO regulations to these types of energy. Balancing existing rules governing free trade and allowing actions by WTO member states to support the development and widespread exploitation of renewable energies, especially after the issuance of related rulings by the dispute settlement body, represents the main task of the World Trade Organization to address this legal gap in the future.
خلاصه ماشینی:
Balancing existing rules governing free trade and allowing actions by WTO member states to support the development and widespread exploitation of renewable energies, especially after the issuance of relevant rulings by the Dispute Settlement Body, indicates the main duty of the WTO to address this legal gap in the future.
The reason for this may be that most oil producers and exporters 2 were not present in the negotiation process of the General Agreement on Tariffs and Trade (GATT) and that, at the time of OPEC’s establishment 3 in 1960, four of the five founding countries of this organization were not members of GATT (2003, Desta: 529), because the main GATT negotiators did not feel the need to include such a commodity in their agenda (Marceau, 2010: 83).
As we will see in the next section, disputes brought before the WTO Dispute Settlement Body have all referred to violations of the provisions of the Agreement on Trade-Related Investment Measures, particularly the requirement to comply with the domestic content requirement 1 in the production of renewable energy generators.
6 The dispute settlement panel stated that international agreements, to the extent that they have a direct effect in the domestic legal system of the member country concerned, can define the meaning of laws or regulations within the framework of paragraph (d) of Article 20 of the GATT.
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