RUDN Journal of Law (Dec 2018)
The Content of the Future Legal Regulation of the Gas Relations between Russia, European Union and EU Member States
Abstract
There are two types of relations between Russia and European countries in the sphere of gas cooperation. The first type is dominant; it includes long-term contractual relations of Gazprom with the European enterprises. The second type is just emerging and comprises opening up of the respective markets, that is, direct participation of the European companies on Russia’s market and vice versa. However, the actual legal regulation of gas relations does not permit to satisfy the numerous interests of Russia, EU and its members in the natural gas domain. For Russia it is the augmentation of the gas production, attraction of the investments in this sphere. The EU cannot guarantee the energy security, the diminution of the gas prices, the creation of the pan European market and of the conditions of the sustainable development, the reinforcement of the EU positions on the external markets etc. The resolution of the problem could be the development of the relations of the direct participation of the companies on the markets: of Gazprom and other Russian companies on the market of transport, retail, distribution of gas of the EU and of the participation of the European enterprises in the production of gas on the territory of the Russia. The basis of the legal regulation of this type of the relations could be fixed in the international treaties between Russia, EU and the member-states, which will contain the provisions on concurrence, investments and commerce in the gas sphere. The regulation of gas relations between Russia, the EU and its members described could help to solve numerous problems. In terms of investments, it would create the necessary conditions for foreign companies’ activity in Russia’s gas production sector and in the EU retail market. This will be possible largely due to the proclamation of efficient dispute resolution and other guarantees. In terms of competition, the right to submit claims to arbitration, foreseen in the agreement, will play a key role in countering the abuse by antitrust authorities or antitrust violations by enterprises. The rules of cooperation of the treaty will serve as the foundation for the common market. They will also promote the increase in the number of producers, retailers and consumers. The derogations from the competition rules will be important for ensuring energy security and for the attraction of investment.
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