Energy Security, GATT/WTO, and Regional Agreements

Ensuring a steady supply of energy remains a priority for every nation's energy policymaking because most countries import energy resources. Therefore, trade in energy-in particular the export policies of major energy resources exporting countries plays a crucial role in energy security planning. This article questions whether the legal principles of non-discrimination and prohibition on quantitative restrictions under the World Trade Organization (WTO) assist WTO Members in achieving energy security and, if so, why some WTO Members negotiate regional agreements with very strong energy connections, such as the North American Free Trade Agreement and the Energy Charter Treaty. Does this imply that the WTO's role in energy security will be increasingly diminished and replaced by regional agreements? While this article finds that export controls under these regional agreements are more attuned to cater to the energy security needs of energy importing countries, this article concludes that the WTO will not, and cannot, be substituted by regional agreements in the context of energy security.