Bibliographie sélective OHADA

This thesis critically assesses the effectiveness of WTO legal rules in the regulation of international trade in petroleum and highlights potential conflicts between competing resources of energy from the WTO regime’s perspective. The theoretical framework of the thesis is built on the concepts used in natural resource economics, trade theories and international relations. On the basis of Hotelling’s rule of natural resource economics, it proposes a model that reconciles the use of petroleum and the development of renewable sources of energy in the power generation sector, which prospectively can be adopted with respect to the transport sector and other sectors involving energy use. The proposed model may improve global sustainable development. However, it is argued that WTO rules are not properly designed to regulate trade in petroleum and, if applied without due respect to specific issues pertaining to the petroleum industry, would obstruct the achievement of the social optimum, and detrimentally affect the national economies of WTO members and global welfare in general. To improve the WTO system, I propose a reformation of its normative ideology through the introduction of the strategic trade policy theory in complement to the neoclassical theory of trade, at least when trade in energy is concerned. On the basis of the study of the applicability of WTO rules to trade in petroleum and a review of proposals put forward by other scholars to improve the regulation of trade in energy, it is argued that the most effective way to improve the trading regime is to negotiate a new general agreement on trade in energy.The role of the WTO in the regulation of trade in energy is analyzed through a regime management theory borrowed from international relations studies. It is argued that the WTO as a regime manager is capable of improving the regime by properly maintaining the existing equilibrium and by initiating, and leading in negotiations of a new equilibrium.

This thesis focuses on the interaction of two categories of non-state actors, private sector corporate actors and non-governmental organizations, with states in the context of the World Trade Organization (WTO) through a lens of public international law. It builds on the premise that the notion of states as the only subjects of international law is not adequate for a modern system of global governance, as it does not reflect the realities of fast-paced globalization and increased co-operation in a world where the boundaries of the private and public are increasingly blurred. It does not necessarily provide solutions for participation of non-state actors in the WTO, but demonstrates that developments in international relations warrant more space for participation of non-state actors, and that the current system of the WTO fails to provide sufficient space for participation. The thesis argues that, for both historical and pragmatic reasons, developments in the areas of GATT and international trade law occurred outside their natural course, leading to the myth of a “self-contained” trade regime not part of public international law. The WTO, unlike its predecessor, enjoys a proper institutional framework and mandate; one can no longer use the excuse of institutional handicap for excluding it from the system of global governance. Liberalization of international trade has far-reaching consequences which are not limited to the trade arena and the WTO, its member states, and scholars of international trade law have to assume their role in the broader context of an international legal order. Non-state actors’ formal participation can contribute to striking a balance between different forces and interests at work in the area of trade liberalization and its interplay with other non-trade issues. After setting the framework for the study, the thesis outlines modes of participation of non-state actors in the creation and modification of WTO law as well as in its enfor