Search

In international cooperation on taxation, countries strive to achieve equality in international taxation and, thus, create the basis for a fair international tax system. Justice exists in an international system of taxation only when states allocate taxing powers among themselves in a manner consistent with dominant views of justice internationally. A fair international tax system will not exist until there is some international consensus on how countries should allocate axing powers among themselves. International cooperation allows countries to improve the coordination of tax policy at the international level. We can talk about several types of coordination. For example, one type aims to make a country's tax system more similar to others - in other words, to harmonize taxes. Other types aim to establish minimum or maximum tax rates to avoid double taxation of cross-border income streams, prevent transfer pricing, coordinate arrangements with competent authorities and limit harmful tax competition. The current official agreements mean business activities through a permanent establishment and give the source country the primary right to tax profits from this operation. The country of residence is obliged to exempt these profits from tax, at least to the extent that they were taxed by the country of source. A tax treaty also often provides for an exemption from taxation of the employee's income from personal services provided the employee is in the country for no more than a specified period of time and the compensation is received by a non-resident employer without a permanent establishment. The treaty usually reduces or eliminates withholding tax on at least some items of investment-type income, such as interest, dividends, rents and royalties, that are not attributable to business carried on through a permanent establishment. The tax treaty also provides that the country of residence can tax capital gains. [ABSTRACT FROM AUTHOR]

Since the Uyghur Forced Labor Prevention Act (hereinafter "UFLPA") began to be enforced by the US Customs and Border Protection (CBP) since June 21, 2022, there are about 6,000 detention cases of the "rebuttable presumption" on the use of forced labor in Xinjiang and elsewhere. In addition, the scope of enforcement of the UFLPA is expanding into cutting edge technologies including electric vehicles. In addition, the European Union has also introduced a legislative proposal to ban the trade of products using forced labor regardless of origin. Under the World Trade Organization (hereinafter "WTO") system, prohibition of products using forced labor may be subject to two kinds of analysis: 1) whether the use of the forced labor may constitute a qualifier to distinguish products not using forced labor under General Agreement on Tariffs and Trade (hereinafter "GATT") Articles I and XI; and 2) whether the prohibition of products using forced labor may still be justified under the general exceptions under Article XX of the GATT 1947. These issues lead to the analysis on the issue of Process-Production Methods (hereinafter "PPM"). There have been numerous GATT and WTO dispute settlement cases on PPM issues in the context of environment and animal safety issues. However, the existing jurisprudence has not led to the full resolution of the PPM issues. Meanwhile, there is no WTO jurisprudence on products using the labor practices inconsistent with the ILO standards. The prohibition of forced labor is clearly prohibited under the International Labour Organization (hereinafter "ILO") Conventions No. 30 and 105, and therefore, the UFLPA's import prohibition against goods using forced labor may be justified under the ILO Conventions, and therefore, justified under GATT Article XX(a). However, such nonproduct-related PPM may not pass the "necessity" test under GATT Article XX(a) and the Chapeau of the GATT XX. However, the author is of the view that application of PPM regulation in the "forced laborfree" labeling or GATT XX general exceptions may require further international consensus and research, regardless of whether they fall under the WTO auspices or somewhere else. [ABSTRACT FROM AUTHOR]

We quantify the effects of GATT/WTO membership on trade and welfare. Using an extensive database covering manufacturing trade for 186 countries over the period 1980–2016, we find that the average partial equilibrium impact of GATT/WTO membership on trade among member countries is large, positive, and significant. We contribute to the literature by estimating country-specific estimates and find them to vary widely across the countries in our sample with poorer members benefitting more. Using these estimates, we simulate the general equilibrium effects of GATT/WTO on welfare, which are sizable and heterogeneous across members. We show that countries not experiencing positive trade effects from joining GATT/WTO can still gain in terms of welfare, due to lower import prices and higher export demand. [ABSTRACT FROM AUTHOR]

Background: For the last decades, following an increase in environmental crises, the protection of the environment has been one of the greatest concerns for human beings. Despite the primary objective of the World Trade Organization (WTO) being the promotion of free trade, the severe destruction of the environment due to business activities has forced us to put forward this case in the WTO. As the most significant and influential international organization, the WTO plays a great role in international trade. Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. These objectives, enshrined in the Marrakesh Agreement that established the WTO, complement the WTO's mission to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While the WTO lacks a specific agreement dealing with environmental issues, its members can adopt trade-related measures aimed at protecting the environment, subject to fulfilling specific conditions to avoid the misuse of such measures for protection purposes. The WTO contributes to the protection and preservation of the environment through its objective of ensuring sustainable development, its rules and mechanism for enforcement, and its work in different WTO bodies. Methods: The present study employed approach was to use related articles in Google Scholar and Magiran and records and agreements in WTO to examine environmental cases. Results: The cases analyzed in this study were the following: the gas case with the old and new formula (the US-Gas), the case of the European Union (fireproof cotton), and the case of the turtles and shrimp fishing. Conclusion: The results showed that although the WTO has achieved some environmental milestones, it has not been sufficiently effective in resolving the environmental challenges caused by energy trade. [ABSTRACT FROM AUTHOR]

The 'causal link' requirement for the adoption of safeguard measures, under Article 4.2(b) of the Agreement on Safeguards, has been one of the most controversial disciplines under the WTO Agreement. Some critics, such as Alan O. Sykes, point out logical and practical defects in the WTO panels' and the Appellate Body's findings on this topic. This article attempts to clarify the requirements of the 'causal link', adopting a new microeconomic analytical model that accounts for the precise conditions of competition between imported and domestic products. The analysis reveals that the 'causal link' requirement calls for a demonstration that the factors falling into the category of 'unforeseen developments' under Article XIX:1(a) of the GATT 1994 have caused both increased imports and domestic injury. [ABSTRACT FROM AUTHOR]

Copyright of Law of Ukraine / Pravo Ukraini is the property of Editorial Board of Journal "Law of Ukraine" and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this study was to assess the impact of countries participation in global trade formats on the turnover of commodity and industrial products in the Western macrozone of the Asia-Pacific Region (APR) in 1993–2021. It is shown that over the last three decades the Western macrozone of the APR, which includes the countries of East Asia, Oceania and Australia, has become the most dynamic economy in the world due to the reduction of restrictions in intra-regional trade. The estimation of border effects based on the gravity model confirmed the long-term total cost reduction for trade in commodity and industrial products in the Western macrozone of the APR. The estimates identified the crucial importance of global format mechanisms for trade expansion in the Western macrozone of the APR in the long run: by 113% for commodity products; by 101% for industrial products. The assessment of indirect trade effects revealed the key role of global formats in expanding trade in the Western macrozone of the APR by creating a common ‘benchmark’ for reducing trade barriers, including by extending such behavior to countries that have not acceded to the GATT and WTO. The discovered multiplication of direct and indirect trade effects of the GATT and WTO indicated the sufficiency of the mechanisms of global formats for the formation of a free market for commodities in the Western macrozone of the APR, which does not require the creation of free trade zones, in contrast to the market for industrial goods, which operates under conditions of monopolistic competition. The estimates obtained in the study complement the existing conclusions on the impact of integration formats on trade, indicating that the sectoral aspect of trade interactions is a key parameter for identifying rational motives explaining the use of specific integration instruments to expand trade within the Western macrozone of the APR. On the basis of the obtained assessments the motives of Russia’s long-term trade and economic positioning within the Western macrozone of the APR with reliance on the WTO mechanisms under the conditions of preserving the raw material model of the national economy are explained

Deutsche und europäische Ansätze für die Regulierung von Lieferketten sind (potenzielle) Handelsbeschränkungen im Sinne des Welthandelsrechts. Der Beitrag wirft die Frage auf, ob alle vorgesehenen und schon vorhandenen Maßnahmen in ihrer Breite und in Bezug auf alle Schutzgüter nach dem Welthandelsrecht rechtfertigungsfähig sind.

This paper explores the reasons embedded in the original architecture of both the international trade and monetary regimes that determined different outcomes for both. It proposes that the original version of the Bretton Woods monetary regime showed faster its essential failures and basically had to be replaced as early as 1971, while the trade regime embodied in the GATT and later in the WTO managed to at least survive until present day. It posits that correspondence (or the lack of it) of the basic characteristics of the said regimes with the underlying political reality where the regimes would apply (in line with Ruggie´s depiction of «embedded liberalism») accounts for the differentiated outcomes. It explains that the international trade regime showed more flexible traits that allowed it to adjust to the underlying political and led to its survival. The lack of that adaptability element would likewise explain the early demise of the original Bretton woods scheme.

This article reviews the journey of Hong Kong attaining and retaining the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) membership as a separate customs territory, and examines the present challenges for the Hong Kong Special Administrative Region (HKSAR) to maintain its status within the multilateral trade system. By exploring the related facts and laws, the article concludes that Hong Kong has been a separate customs territory member of the GATT and WTO by virtue of the multilateral trade rules, and other countries are not entitled to revoke the HKSAR's separate customs territory status through unilateral measures. Given the past journey and present challenges with the separate customs territory status of Hong Kong, the following prospects can be drawn. The HKSAR remains qualified to possess full autonomy when conducting external commercial relations. A malfunctioning Appellate Body of the Dispute Settlement Body (DSB) may be incapable to safeguard the interests of HKSAR as a separate customs territory.

Thirty years after its founding, the WTO is experiencing unprecedented turmoil and uncertainty, as the United States has raised questions relating to its national sovereignty and expressed serious doubts about the effectiveness of multilateralism. Perhaps more importantly, United States representatives have questioned the fairness of Appellate procedures that appear to run counter to the interests of the United States. A recent dispute between Hong Kong and the United States over the question of the "branding" of goods emanating from the customs territory of Hong Kong has served as a "crisis point" or proxy to the larger dispute between the United States and China relating to needed reforms in the organization. How this dispute is resolved may go a long way in determining both the future of multilateralism and the participation of the United States in the World Trade Organization itself. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

After the end of the Second World War, the second half of the twentieth century brought in, one the one hand, the establishment of GATT provisions in 1947 and the legal texts implemented during its negotiation rounds as a regulatory framework, and on the other hand, the creation in 1995 of the WTO as the central normative entity for international trade. In this way, the states' economic opening strategy focuses on reducing rampant protectionism, usually reflected in tariff barriers and non-tariff barriers as foreign trade policy. Therefore, the GATT-WTO paradigm enhances trade flows between countries as freely as possible, contributing to economic growth and world development. Likewise, the GATT provisions endorsed the creation of many different typologies of trade agreements legitimated by its article XXIV and the Enabling Clause of the Tokyo Round. In this sense, the international trade agreements had a notable growth since the WTO establishment until the Great Recession in 2008. However, it is paradoxical that this approval from the GATT-WTO paradigm regarding the signing of these international trade agreements strengthen regionalism as the easy path, leaving out the multilateralism philosophy of the WTO, where precisely member governments try to solve the trade disputes through its legal framework but not through specific law from trade agreements. In this manner, this research carries out a descriptive study where trade agreements are marked adopting the sociological research scientific approach where a factual question is proposed to analyze the phenomenon. Hence, this paper suggests that the current legal framework in the GATT-WTO paradigm is not dynamic nowadays, pushing countries to sign international trade agreements for promoting commercial exchange and create new rules that, at the multilateral level, the GATT-WTO do not develop for political will absence and particular interests of some full members. A scenario that merely seems to undermine the WTO pushing countries to make parallel rules apart from the traditional multilateralism model giving a more prominent role to regionalism.

Copyright of Revista Colombiana de Sociologia is the property of Universidad Nacional de Colombia, Facultad de Ciencias Humanas, Departamento de Sociologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper applies an endogenous institutionalist framework to understand the evolution of the rules‐based international trading system since the end of World War II. We argue that the initial success of the General Agreement on Trade and Tariffs and re‐enforcement that led to the formation of the WTO can be explained by three major factors: the hegemonic position of the US, the belief that international trade would foster prosperity and peace, and Cold War politics. However, declining US hegemony along with a shift in global comparative advantage in labor‐intensive manufacturing led to a shift from multilateral towards preferential trade agreements since the 1990s. Today, the WTO faces several new challenges, including increasing geo‐political competition between the US and China, increasing digitization of commerce, and disrupted supply chains following COVID‐19. A functioning WTO that facilitates global economic re‐integration remains crucial to ensure a strong recovery from the pandemic and continued long‐term prosperity and stability of the global economy. [ABSTRACT FROM AUTHOR]

Agricultural trade has been historically beset with a plethora of interventions by WTO member countries, which have led to numerous disputes. These trade disputes involve prolonged litigations and resolution processes, and during this time, trade barriers continue to exist. Furthermore, considerable resources are spent litigating these disputes which give rise to pervasive directly unproductive activities, resulting in significant inefficiencies and welfare loss. In this WAEA presidential address, I (i) review the WTO dispute settlement process, (ii) provide an up-to-date catalog of agriculture disputes, (iii) summarize major disputes involving the United States, (iv) present a detailed analysis of the US-China trade war, and (v) examine the benefits of global agricultural trade liberalization. [ABSTRACT FROM AUTHOR]

In December 2019, the European Commission released a mechanism to fight climate change, namely the European Green Deal. This policy was put in place to materialize the goals of the Paris Agreement on Climate Change of 2015, that is, to combat the issue of climate change along the lines of sustainable development and fight poverty. In the context of the European Green Deal, one of the key instruments envisaged to achieve the ambitious plans of the European Union (EU) is the so-called Carbon Border Adjustment Mechanism (CBAM), which is the focus of this article and has been described as an 'extraterritorial outreach' for attempting to regulate matters outside the EU borders. This article seeks to answer is whether the CBAM is justified in line with the need to protect the environment and address climate change as well as increasing global economic welfare and reducing poverty. This article provides an overview of CBAM, analyses the rationale behind CBAM as well as the various misgivings from third parties. It contextualizes CBAM in the context of free trade and examines whether CBAM is consistent with multilateral trade rules. It then provides the design of a CBAM based on the principles of international trade and sustainable development. The article concludes that, overall, the analysis of CBAMs, particularly regarding the fervency of the EU to make its CBAM compatible with both trade rules and climate change objectives, demonstrates states' growing interest in protecting the planet, while preserving economic values; it also indicates the importance of trade in managing those interests. [ABSTRACT FROM AUTHOR]

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

This paper examines the impact of Russia's World Trade Organization (WTO) accession on international trade patterns at the firm level. A large literature of cross‐country studies examines the long‐run trade effects of the General Agreement on Tariffs and Trade (GATT)/WTO membership. Our paper contributes to this literature by bringing short‐run micro‐level evidence from the experience of a large trading country. Using customs data on the monthly import and export transactions of Russian firms over the period 2011–2015, we investigate the short‐run responses of firm‐level trade along the intensive and extensive margins following Russia's WTO accession in 2012. Our results indicate an increase in the number of foreign countries that Russian firms export to or import from, and a significant increase in the number of exported products. The evidence on the effects of the WTO accession on the intensive margin of firm‐level trade is mixed. Additionally, we find suggestive evidence that the Russian retaliatory food embargo imposed in response to the Crimean economic sanctions might have been intended as a protectionist policy to help out a vulnerable domestic industry (i.e. agriculture) directly impacted by the country's WTO accession. [ABSTRACT FROM AUTHOR]

INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures will be analyzed in terms of their use as hidden barriers to international trade, as well as how often they are used when a particular sanitary or phytosanitary measure imposed by a state or maintained in force by a member of an international organization restrains or can potentially restrain export of its goods.MATERIALS AND METHODS. In international trade certain issues of the contemplated problem are regulated by Article XX of GATT, as well as by the Special Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Security measures reflected in the Article XXI of GATT-94 are not considered.RESEARCH RESULTS. Th author concluded that SPS measures construe hidden barriers to international trade. However, it is possible to establish "rules of the game", to agree on this problem in concluded agreements on the rules of application of SPS measures, minimizing the possibility of their unfair use. As for the EAEU law, it affects the development of international norms in the field under consideration.DISCUSSION AND CONCLUSIONS. The urgency of the issues dealt with in the article is based on the fact that every resident of any state in one way or another wants to be sure of the safety of all that he consumes and that the state or a number of states within the framework of an international organization are obliged to ensure this. The Eurasian Economic Union (EAEU) is no exception, it also faces similar tasks. The article analyzes the results of activities in the sphere of decision-making on SPS measures and the framework of the international organization of regional economic integration – the EAEU.

In its over 25 years' history, the dispute settlement mechanism of the World Trade Organisation (WTO) has been touted as one of the most active and successful international adjudicatory systems in relation to other international dispute settlement fora. The process in the engagement of the system presents a tripartite structure consisting of consultation, panel and appellate stages, and the enforcement proceedings. The functions of these processes help to promote the trust and confidence of the member states in the WTO trade dispute settlement system. Now the Appellate Body (AB) is paralysed following the incapacitation and consequential suspension of the appellate function of the WTO Dispute Settlement Body (DSB), because of the insufficient membership caused by the United States blockade on the appointment process of AB members. The paper discusses the trajectory of the WTO dispute settlement reform from the GATT regime, the root cause of the suspension of the Appellate Body, and the options available for the disputants in and outside the WTO system. It concludes that the system possesses policy defects if the attitude of a single state can render the AB non-functional and should be transformed when the appellate system is resuscitated.

Copyright of Crónica Tributaria is the property of Instituto de Estudios Fiscales, Ministerio de Hacienda y Funcion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Informacion Comercial Espanola Revista de Economia is the property of S.G.E.E.I.P.C., Secretaria de Estado de Comercio, Ministerio de Industria, Comercio y Turismo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Informacion Comercial Espanola Revista de Economia is the property of S.G.E.E.I.P.C., Secretaria de Estado de Comercio, Ministerio de Industria, Comercio y Turismo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Informacion Comercial Espanola Revista de Economia is the property of S.G.E.E.I.P.C., Secretaria de Estado de Comercio, Ministerio de Industria, Comercio y Turismo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The US has imposed substantial additional tariffs on thousands of types of products imported from China. These measures are inconsistent with the bound tariff rates and the MFN rule set forth in the GATT. When challenged before the WTO by China with respect to these measures, the US invoked the public morals exception under Article XX(a) of the GATT as defence. The US invocation of this defence was examined and dismissed by the WTO panel in US – Tariff Measures. This note briefly examines the public morals exception in the GATT, the US measures and defences as well as the findings in the panel report in this dispute. [ABSTRACT FROM AUTHOR]

Subsidizing Solar: The Case for an Environmental Goods and Services Carve-out from the Global Subsidies Regime

The aim of the paper is to present and explain the changes that have arisen in China's trade and economy during the accession to the World Trade Organization (WTO) and during its membership in this organization. The article consists of four parts and a conclusion. At the beginning of the paper, China's negotiations with the GATT are briefly outlined, as well as the main obstacles for not accomplishing these negotiations successfully. The second part deals with the negotiations for the WTO membership and the most important changes China's economy has undergone to meet the membership requirements. This part of the paper also outlines the most important barriers to the membership, as well as economic reforms and the growth of the non-state economy in China. The third part explains how China, upon its accession to the WTO, has immediately involved in the Doha Development Round negotiations. This country became a member of several negotiating groups within the WTO and signed certain WTO agreements. Moreover, China has undergone a Trade Policy Review several times, which is a periodic obligation of every WTO member. The final section describes the most important changes in China's trade that have come out from full membership in the WTO. During the sixteen years of its membership in the WTO, China has achieved a never-before-seen rate of trade growth and took the leading position in the world trade. At the end of the paper, we conclude that China has fully integrated into the world economy and that becoming a member of the World Trade Organization has played a major role in this achievement.

Dünya Ticaret Örgütü tarafından temsil edilen uluslararası serbest ticaret düzen, 19. Asır iktisatçısı David Ricardo’nun mukayeseli üstünlük kuramı üzerine inşa edilmiş olup, bahsi geçen düzenin günümüz ticari münasebetlere ve devletlerin küresel mali konumuna uygunluğu akademik camia tarafından tartışma konusu haline gelmiştir. Mukayeseli üstünlük kuramı geçerliğini kusursuz marketler modelleri üzerinden iddia etmekteyken, söz konusu modellerin mevcut ticari düzlemde karşılıklarının olmaması, bu kuram üzerine kurulan mevcut serbest ticaret sisteminin de etkinliği ve geçerliliği konusunda şüphe uyandırmaktadır. İş bu çalışma, mevcut serbest ticaret düzeninde mukayeseli üstünlük kuramının konumunu, kuramın bizzat kendisine yöneltilen eleştiriler ile birlikte sunmakta, ve merbut işlevsizliklere ve sorunlara yönelik olarak öneri ve beklentileri ortaya koymaktadır.

Doğal gaz ve elektrik enerjisinin iletim hatlarından transit geçişine yönelik hukuki rejimlerin kurulması, ilgili devletler nezdinde enerji tedariğinin güvenliği ve rekabetçi enerji piyasalarının kurulması açısından büyük önem arz etmektedir. Uluslararası hukuk nezdinde enerji transitinin bir çözüme kavuşturulamamış olması, uluslararası hukukun temel aktörleri devletlerin ikili ve çoklu anlaşmalar yoluyla bu soruna eğilmesi neticesini doğurmuş olsa da, bu tür alternatif yolların, uyuşmazlıkların giderilmesi konusundaki başarısızlıkları, tecrübe edilen uluslararası krizler bağlamında açık bir şekilde görünmektedir. 1994 Enerji Şartı Anlaşması, özellikle enerji transitine yönelik olarak bünyesinde bulundurduğu 7. Madde uyarısınca, bu tür sorunların uluslararası boyutta ilk olarak ele alındığı bir hukuki rejim ön görmüştür. Fakat 2000’li yıllarda ard arda gerçekleşen enerji krizleri ve enerji şartının bu krizlerin önüne geçme konusundaki başarısızlığı, akademik camiada ve üye devletler nezdinde Şartın etkinliği ve gerekliliği konusunda çok ciddi eleştirilerin ortaya çıkmasına neden olmuştur. İş bu çalışma, bu eleştirilerin ortaya çıkmasının nedenleri ve Enerji Şartının enerji alanında ortaya çıkan uyuşmazlıklara ilişkin önceliklerini YUKOS davası ve 2009 doğal gaz krizi nezdinde detaylı bir şekilde incelemektedir.