ABSTRACT

The Partnership and Cooperation Agreement (PCA) with Russia was the first of its kind and is considered to be an important legal document for the relationship between the European Union (EU) and Russia. The Energy Charter Treaty (ECT) is a binding multilateral legal instrument – the only one of its kind dealing specifically with cooperation in the energy sector that includes governments and private parties. Russia expressed various concerns about the ECT which could be grouped into three categories: political concerns; concerns as 'negotiating tools'; and well-founded concerns. While the Energy Community undoubtedly contributes to the security of the EU's energy supply and fosters solidarity, it lacks one important element – Russian Membership. Accordingly the Russian membership of the World Trade Organisation (WTO) may hinder the WTO's long-term objectives and it will be difficult to create 'solidarity' in the confines of the WTO trading regime.