ABSTRACT

Among the several bilateral and multilateral legal instruments that are designed to enhance the security of energy supplies from Russia to the European Union (EU), there are number of legal and/or institutional regimes potentially capable of providing a sound basis for cooperation between the EU and Russia in the energy sector. According to Riley, developments in the energy markets are rendering Gazprom's existing business model irrelevant and it is that business model which is being substantially challenged in the antitrust case. Sovereignty and sovereign control of energy resources and trade are at the heart of the current tension among the EU Member States. Member States of the EU have created a supranational legal regime in which solidarity is a legal requirement and the exercise of unilateral action in the context of energy security is prohibited.