The Nord Stream Gas Pipeline Project In The Context Of International And EU Law
The Nord Stream Gas Pipeline Project In The Context Of International And EU Law

Summary/Abstract: This article deals with the main legal issues of international law related to the implementation of the Nord Stream project, as well as with the possible legal issues that could arise under the EU law if the project will be implemented. The focus of the article is whether the Nord Stream project has been launched in compliance with customary rules of international law, in particular the precautionary principle as reflected in the 1991 Espoo Convention and other applicable treaties. The main conclusion is that both Germany and Russia promoting the Nord Stream project have failed to comply with the precautionary principle, including the Espoo Convention, as well as with other related duties because the existing realistic alternatives to the project have not been assessed; on the contrary, the project has been actually launched even before the necessary assessment of its impact thus trying to leave no aternatives to its implementation. This means also that the parties concerned have not fulfilled their legal obligations in good faith as required by international law. However, no effective legal measures to redress the situation exist under international law, therefore only concerted political actions of all the third parties concerned, including the Baltic States, could help in preventing continuation of the Nord Stream project until an objective assessment of its impact is carried out.

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