Sigurnost snabdevanja tržišta energenata kao pravnopolitička paradigma regulatornog okvira

Abstract

Modern countries strive to adapt their legal systems to the new tendencies in the energy market in the best possible way. On the grounds of uneven geographical (both regional and continental) distribution of energy resources, as well as the limits of exploitation of some of them (both renewable and non-renewable), contemporary countries are divided into those that predominantly produce and those that predominantly consume energy. The balance between the supply of the producing countriesand the demand of the consuming countries determines the energy prices in the international market. The subject of this paper is the analysis of impact of circumstances other than those governed by the economic laws of the energy market on the aforementioned balance, those circumstances being: political pressure, market cartels and oligopoly, as well as the examination of bureaucratic obstacles which affect energy market laws. The survey includes key relations that producing countries and consuming countries have with the countries that distribute energy substances (transit countries). The strategic significance of energetics points to the need to secure the supply by means of several instruments: 1) harmonisation of laws with the view to defining rights and obligations of the participants in the energy market, together with determining the means of settling disputes, as the single most important instrument that is the ground for discord of two opposing sides – the supporters of the Energy Charter and those who advocate the extended implementation of the charter within the framework of WTO rules; and 2) standardisation and energy efficiency with the view to reducing the demand in the market, which are opposed by the rebound effect. The rebound effect is counterbalanced by the environment protection that can be controlled and stimulated by means of several legal instruments. As the energy market is an integrated system, disturbances in one region or even in just one country affect the functionality of global energy supply. Therefore, a national market cannot be efficiently secured without stable legal regulation of international legal framework for energy supply, based on the need for prevention of creationof new and/or elimination of the existent interruptions in the energy supply. As a member of the European energy community, the Republic of Serbia continuously harmonises its rules and regulations with those of the EU, which is together with Russia its most valuable energy partner.