Južni tok: posao veka ili parnica veka?
South Stream: Deal of the Century or Litigation of the Century?

Author(s): Vladimir Medović
Subject(s): Politics / Political Sciences, Politics, Energy and Environmental Studies, Environmental and Energy policy, EU-Approach / EU-Accession / EU-Development, EU-Legislation
Published by: Evropski Pokret u Srbiji
Keywords: Serbia; Energy Community; South Stream gas pipeline; EU; Russia
Summary/Abstract: Serbia has been a member of the Energy Community since 2006. The main goal of the Energy Community is to create an integrated market for gas and electricity between the EU and associated countries. Two years later, Serbia and Russia concluded an agreement on cooperation in the field of gas and oil industry, which, among other things, envisages the construction of the South Stream gas pipeline. In addition to Serbia, six EU member states also concluded international agreements with Russia on the construction of the South Stream gas pipeline. The warning of the European Commission and the Secretariat of the Energy Community that the bilateral international agreements concluded by the EU member states and Serbia with Russia are in contradiction with the regulations of the EU and the Energy Community called into question the implementation of this important project. In this paper, the author considers whether and in which part there is a conflict between the rules of the Energy Community and the provisions of the agreement with Russia, the consequences of that conflict at the level of international law, the legal system of the Energy Community and the legal order of Serbia, as well as possible solutions to overcome the situation. The author's conclusion is that the Agreement on cooperation in the field of gas and oil industry between Serbia and Russia is in essential parts contrary to Serbia's obligations from membership in the Energy Community.

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