Abstract
Original language | English |
---|---|
Pages (from-to) | 475-494 |
Number of pages | 32 |
Journal | Journal of World Energy Law & Business |
Volume | 9 |
Issue number | 6 |
Publication status | Published - 27 Dec 2016 |
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WTO law and economics and restrictive practices in energy trade : The case of the OPEC cartel. / Marhold, Anna.
In: Journal of World Energy Law & Business , Vol. 9, No. 6, 27.12.2016, p. 475-494.Research output: Contribution to journal › Article › Scientific › peer-review
TY - JOUR
T1 - WTO law and economics and restrictive practices in energy trade
T2 - The case of the OPEC cartel
AU - Marhold, Anna
PY - 2016/12/27
Y1 - 2016/12/27
N2 - The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on competition, it does provide for other rules, such as GATT Article XI on the General Elimination of Quantitative Restrictions. This article will take a law and economics approach and explore whether restrictive practices in the energy sector as maintained by OPEC could be caught by this article. It will analyse whether OPEC’s ‘monopolist market power instrument of choice’, namely the administration of production quota on petroleum, could fall within the definition of this Article. To this end, this contribution aims to understand the economic and legal rationales and functioning of both the WTO and OPEC.
AB - The World Trade Organization cannot deal comprehensively with restrictive export practices maintained by energy cartels such as the OPEC. The main reason for this is the absence of competition rules in the multilateral trading system. However, in spite of the fact that the WTO does not have rules on competition, it does provide for other rules, such as GATT Article XI on the General Elimination of Quantitative Restrictions. This article will take a law and economics approach and explore whether restrictive practices in the energy sector as maintained by OPEC could be caught by this article. It will analyse whether OPEC’s ‘monopolist market power instrument of choice’, namely the administration of production quota on petroleum, could fall within the definition of this Article. To this end, this contribution aims to understand the economic and legal rationales and functioning of both the WTO and OPEC.
UR - http://jwelb.oxfordjournals.org
M3 - Article
VL - 9
SP - 475
EP - 494
JO - Journal of World Energy Law & Business
JF - Journal of World Energy Law & Business
SN - 1754-9965
IS - 6
ER -