{"title":"The Question of Applicability: EU Law or International Law in Nord Stream 2","authors":"Paul Gragl","doi":"10.1163/15730352-04402001","DOIUrl":null,"url":null,"abstract":"Seeing that a bilateral agreement between the EU and Russia on the Nord Stream 2 pipeline project is highly unlikely to be concluded due to political considerations, this paper enquires which existing legal regime is applicable to the governing of this pipeline, especially in order to guarantee solidarity and security within the EU energy market through third-party access and unbundling requirements. The question is whether EU law in general (which the Council denies) or international law applies, and if the latter, which specific regime(s): the Energy Charter Treaty, wto law, the law of the sea, or a combination of regimes? Lastly, this paper also investigates whether and to what extent these international law regimes might guarantee the same solidarity and energy security standards as EU law.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2019-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Central and East European Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15730352-04402001","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 3
Abstract
Seeing that a bilateral agreement between the EU and Russia on the Nord Stream 2 pipeline project is highly unlikely to be concluded due to political considerations, this paper enquires which existing legal regime is applicable to the governing of this pipeline, especially in order to guarantee solidarity and security within the EU energy market through third-party access and unbundling requirements. The question is whether EU law in general (which the Council denies) or international law applies, and if the latter, which specific regime(s): the Energy Charter Treaty, wto law, the law of the sea, or a combination of regimes? Lastly, this paper also investigates whether and to what extent these international law regimes might guarantee the same solidarity and energy security standards as EU law.
鉴于欧盟和俄罗斯之间关于北溪2号管道项目的双边协议由于政治考虑极不可能达成，本文探讨了现有的法律制度适用于该管道的管理，特别是为了通过第三方准入和分拆要求来保证欧盟能源市场内的团结和安全。问题是，究竟是欧盟的一般法律(欧盟理事会对此予以否认)还是国际法适用?如果适用后者，应适用哪一种具体制度:《能源宪章条约》(Energy Charter Treaty)、世界贸易组织法(wto)、海洋法，还是多种制度的结合?最后，本文还探讨了这些国际法制度是否以及在多大程度上可以保证与欧盟法律相同的团结和能源安全标准。
期刊介绍：
Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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