NIS and The South Stream: Lost in the fog

Glasnik Advokatske komore Vojvodine

Medović Vladimir¹ 

[1] Pravni fakultet za privredu i pravosuđe, Novi Sad;

关键词: energy agreement;    energy community;    south stream;    international agreements;   

DOI  :  

来源: DOAJ

【 摘 要 】

In 2008, Serbia and Russia signed an Agreement on Cooperation in the Field of Gas and Oil Sector (the Energy Agreement), which envisages, inter alia, the construction of the South Stream gas pipeline and the sale of 51 % of the state share in the Petroleum Industry of Serbia (NIS) to Russian company Gazprom. In addition to Serbia, six EU member states also concluded international agreements with Russia on the construction of the South Stream gas pipeline. At the time of conclusion of the Energy Agreement, Serbia was a member of the Energy Community. These agreements were contrary to the EU and the Energy Community regulations, which resulted in the suspension of construction of the pipeline. Nevertheless, the Energy Agreement was implemented in the part regulating the sale of 51 % of the state share in NIS to Gazprom. In this paper, the author considers the legal consequences of the non-fulfilment of the agreement in the part relating to the construction of the South Stream gas pipeline, in particular the legality of the sale of the state-owned shares to Gazprom. In this regard, the author analyzes the relevant regulations of the Energy Community and the European Union and the rules of public international law. This case is an interesting example of how an international agreement can be unlawful from the point of view of the legal system of an international organization, the Energy Community, and at the same time be valid from the point of view of international public law, thereby challenging the principle of the rule of law and legal security as the essential values of the national legal order.

【 授权许可】

Unknown