Tensions Between International Economic Law and the EU Energy Security Regulations During the Securitization of EU-Russian Gas Relations: Way Forward?

The past years have not been a honeymoon for the European Union (EU) Russian relations amid geopolitical conflicts, neither for their gas cooperation. During the securitization of EURussian gas relations, Russia has taken advantage of its energy weapons, and the EU, in transition to a realist player, set up regulatory barriers in its internal gas market to restrict the presence of Russian gas and pipeline services. However, while international trade and investment regulations could not prevent interruptions in energy supplies during wartime scenario, they may clash with energy regulations serving as precautions against such energy security risks. The tensions have been manifested in the World Trade Organization (WTO) case EU – Energy Package and the ongoing investment case Nord Stream 2 v. Russia, where the EU energy security regulations were challenged. The conflictual regimes interactions originate from their different objectives: international trade and investment regulations value free trade and investment protection, while energy security is a major concern in energy law and policy. The research investigates and comments on the tensions between the EU energy security regulations and international trade and investment regulations with the belief that the latter set of rules should be able to accommodate states’ legitimate energy security concerns by stipulating proper exceptions.