Final Conclusions to Part II

Abstract

Despite its special nature and occasional assertions to the contrary, trade in electricity is covered by the WTO Agreements. Hence, a multilateral framework is in existence stipulating non-discriminatory trade in goods and services. What is more, the electricity sector has found its way into the jurisprudence of the WTO dispute settlement system and the special nature of electricity has been recognized by a panel. An opportunity has not yet presented itself, however, for WTO adjudicators to apply GATT or GATS provisions to regulatory instruments specific to the electricity sector. The fact that WTO Members have not yet referred such a complaint to the WTO—and that Russia dropped electricity-related issues from its complaint before it reached the Panel stage—reflects the traditional view that electricity is not an international commodity but a source of energy with a geographically limited reach. As this notion is currently changing, it could only be a matter of time until the first genuine electricity dispute is referred to the WTO.