Legal analyses show that Russian-German gas pipeline may be illegal.

Warsaw Business Journal ^ | 3rd October 2005

[lizol]

Legal analyses show that Russian-German gas pipeline may be illegal

From Poland A.M.

Even though there is still a chance for halting the construction of the gas pipeline between Russia and Germany through the Baltic Sea, the Polish government has not undertaken any legal action to block the construction.

According to analysts, in order to block the investment the new government should first of all call into question the agreement signed between the two countries. Legal analyses have revealed that the document violates certain free trade principles. Robert Amsterdam from the Amsterdam & Peroff law office claims that Poland could prove that the choice of the pipeline's route was the result of political premises, and not economic reasons. The leaders of the two new coalition parties claim that the Baltic gas pipeline would pose a serious threat to the country's natural resource security.

[lizol]

Eastern European ping list

---

FRmail me to be added or removed from this Eastern European ping list

[BikerNYC]

The leaders of the two new coalition parties claim that the Baltic gas pipeline would pose a serious threat to the country's natural resource security.

Are these the same people who are protesting pipelines and drilling in Alaska.

[lizol]

No, it's not about ecological stuff.

However it may be also useful - as a reason to block this pipeline.

[jb6]

If they rock the boat to much, the Germans might not be so happy in donating their share of the $20 billion or so euros that Poland gets in handouts.

[Rebelbase]

45 years of defending Germany from the Soviet threat and all we got was this lousy German/Russian oil agreement.

[jb6]

ping

[pierrem15]

Is there any 'international' space available to the Germans between the Polish and Swedish economic zones of the Baltic?

[lizol]

Don't worry, there are some more important things for the nation's future than EU handouts.

[sergey1973]

In my opinion, the best approach for Poland would be to promote a pipeline to Poland and E Europe that would bypass Russia, like the one proposed to carry Caspian oil from Azerbajan to Turkey through Balkans to Hungary, Czech Republic and Poland. Another proposed route was from Azerbajan to Georgia through the Black Sea to Ukraine and Poland.

In a long term, E. Europe and Russia need to disentangle from too much energy dependence on each other. Poland and Ukraine heavy dependence on Russian Gas and oil and Russia's dependence on Ukraine and Poland on transit of its oil and gas to W. Europe coupled with historical grievances of Poland and Ukraine against Russia only aggravates relations. I want to see Russia, Ukraine and Poland enjoying friendly relations. I think Putin is largely responsible for aggravating Russo-Polish and Russo-Ukrainian relations by his policies of crude interference in Ukrainian elections and other irresponsible policies driven by nostalgia of the Soviet Past. However, Poland and Ukraine should fight for their interest in more constructive manner too--at least that's what I think.

When energy disentanglement happens, everybody will eventually come out as a winner.

[lizol]

Don't think so, see the map:



the blue line - Polish territorial waters,
the red line - Polish economic zone.

You see, that Sweden and Danish Bornholm island are pretty close. I think the economic zones border each other.

And - what's most important - the only reasonable track for the pipeline goes through the Polish zone.

So, there will be no pipeline, probably.

What a pitty :-)))

[RightWhale]

Are these the same people who are protesting pipelines and drilling in Alaska.

Not the same people. Walks like a duck, quacks like a duck, but for different reasons.

[GarySpFc]

So, there will be no pipeline, probably.

That's nothing more than false hope. The pipeline will be built.

[lizol]

Basicly I agree with you.

The problem is, that building of the Caspian pipeline is going to take quite a long time.

BTW - have you associated the lawyer's name - Robert Amsterdam?

Meanwhile, another of Mr Khodorkovsky's lawyers says he has been told to leave Russia or face arrest.
The BBC's Moscow correspondent Steve Rosenberg said Canadian-born lawyer Robert Amsterdam claimed his passport was taken and later returned with the visa revoked.

Looks, like the guy may be looking for a chance to pay back. :-)))

[lizol]

Will live, will see.

Do you think Russia nad Germany are going to declare war against Poland in case we don't accept it?

And I can assure you, that new rightist government and president will never do it.

[kaiser80]

Legal analyses show that Russian-German gas pipeline may be illegal

Sweet :-))

[sergey1973]

-:))) Yes, Robert Amsterdam, the Khodorkovsky's attorney, the very same guy who was thrown out of Russia on some ludicrous charges. So he comes back with revenge -:))) Never underestimate pissed off lawyer -:))))

However, If we return to our original subject, the Pipeline through Baltics will take long time too. So I think it's better to pursue multiple pipelines as a long term strategy for all sides involved.

[lizol]

This pipeline wasactually such a great idea. (sarcasm)

Convention of the Law of Sea

Article 56

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State has: sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

jurisdiction as provided for in the relevant provisions of this Convention with regard to:

the establishment and use of artificial islands, installations and structures;
marine scientific research;

the protection and preservation of the marine environment;

other rights and duties provided for in this Convention.

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the sea-bed and subsoil shall be exercised in accordance with Part VI

http://www.hri.org/docs/LOS/part5-1.html

[BikerNYC]

Why should it be blocked?

[A. Pole]

Legal analyses have revealed that the document violates certain free trade principles.

Russia is not a member of WTO. The "free trade" is not the supreme law of the universe. And if it will be, it will be for a short time only as it is written:

For then shall be great tribulation, such as was not since the beginning of the world to this time, no, nor ever shall be.
And except those days should be shortened, there should no flesh be saved: but for the elect's sake those days shall be shortened.
(Mt:24:21-22)