This Chapter examines in detail three mechanisms that have been considered crucial to the protection of the EU’s Internal Energy Market and the pursuit of the EU’s goal of strategic energy autonomy, namely the EU Investment Screening Regulation, the EU CBAM mechanism, and the EU Foreign Subsidies Regulation. This Chapter shows that these instruments risk violating core disciplines of WTO law that are laid down in the GATT, the GATS and the Agreement on Subsidies and Countervailing Measures (ASCM). The analysis also examines whether these instruments could be justified under the general exceptions and security exceptions clauses of the GATT and GATS.

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Protecting the Internal Energy Market in a WTO-Consistent Manner

  • Erich Vranes

摘要

This Chapter examines in detail three mechanisms that have been considered crucial to the protection of the EU’s Internal Energy Market and the pursuit of the EU’s goal of strategic energy autonomy, namely the EU Investment Screening Regulation, the EU CBAM mechanism, and the EU Foreign Subsidies Regulation. This Chapter shows that these instruments risk violating core disciplines of WTO law that are laid down in the GATT, the GATS and the Agreement on Subsidies and Countervailing Measures (ASCM). The analysis also examines whether these instruments could be justified under the general exceptions and security exceptions clauses of the GATT and GATS.