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Beyond Territorial Disputes In The South China Sea

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Beyond Territorial Disputes In The South China Sea

Legal Frameworks for the Joint Development of Hydrocarbon Resources

Robert Beckman , Ian Townsend-Gault , Clive Schofield , Tara Davenport , Leonardo Bernard

Edited by Robert Beckman, Director, Centre for International Law, National University of Singapore, Ian Townsend-Gault, University of British Columbia, Canada, Clive Schofield, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia, Tara Davenport, Yale Law School, US and Leonardo Bernard, Centre for International Law, National University of Singapore

2013 384 pp Hardback 978 1 78195 593 2
ebook isbn 978 1 78195 594 9

Hardback £90.00 on-line price £81.00

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Series: NUS Centre for International Law series



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Description
‘The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.’
– Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia

Contents
Contributors: V. Becker-Weinberg, R. Beckman, L. Bernard, P. Cameron, T. Davenport, R. James, S. Jayakumar, S. Kaye, G. MacLaren, B. Milligan, R. Nowinski, D.M. Ong, C. Schofield, I. Townsend-Gault

Further information

‘The book has been written by many highly qualified observers and academicians that have spent a lot of time observing and analyzing the recent developments in the South China Sea, particularly those relating to the dispute and way of overcoming them. I do hope that this publication will throw some light on such important matters and indicate possible roads to follow in solving the territorial disputes through joint development concept.’
– Hasjim Djalal, Director of Southeast Asian Studies, Jakarta, Indonesia

This highly informative and up-to-date book brings together expert scholars in law of the sea to explore the legal and geopolitical aspects of the South China Sea disputes and provide an in-depth examination on the prospects of joint development in the South China Sea.

The South China Sea has long been regarded as a source of conflict and tension in Asia. Underlying this conflict is the dispute between China, Vietnam, the Philippines, Malaysia and Brunei over the features in the South China Sea, as well as the resources in the surrounding waters. One viable solution is for the claimants to set aside their claims and jointly develop the hydrocarbon resources in the South China Sea. Unlike previous works, this book takes a unique approach by examining existing joint development arrangements in Asia to see if there are any ‘lessons learnt’ that may be applicable to the South China Sea. This approach has enabled the editors to move beyond a mere theoretical discussion on joint development and focus on the law, policy and practical issues related to joint development.

Beyond Territorial Disputes in the South China Sea will strongly appeal to Government officials, policy-makers from ASEAN Countries, China and the United States, as well as academics, particularly those who are involved in legal scholarship on the South China Sea disputes. Practitioners of oil and gas law will also find much to benefit them in this book.

Full table of contents

Contents:

Preface
S. Jayakumar

Introduction: Why Joint Development in the South China Sea?
Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard

PART I: UNDERSTANDING THE SOUTH CHINA SEA DISPUTES
1. What’s at Stake in the South China Sea? Geographical and Geopolitical Considerations
Clive Schofield

2. International Law, UNCLOS and the South China Sea
Robert Beckman

PART II: JOINT DEVELOPMENT: PRINCIPLES, PRE-REQUISITES AND PROVISIONS
3. The Exploration and Exploitation of Hydrocarbon Resources in Areas of Overlapping Claims
Tara Davenport

4. Rationale for Zones of Co-operation
Ian Townsend-Gault

5. Negotiating Joint Development Agreements
Gavin MacLaren and Rebecca James

6. Joint Development Arrangements: Legal Structure and Key Issues
Peter Cameron and Richard Nowinski

PART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA
7. Implications of Recent Southeast Asian State Practice for the International Law on Offshore Joint Development
David M. Ong

8. Joint Development Arrangements in Northeast Asia and the Gulf of Tonkin
Vasco Becker-Weinberg

9. Joint Development in the Timor Sea
Stuart Kaye

10. The Australian–Papua New Guinea Torres Strait Treaty: A Model for Co-operative Management of the South China Sea?
Ben Milligan

PART IV: CONCLUSIONS: JOINT DEVELOPMENT IN THE SOUTH CHINA SEA
11. Factors Conducive to Joint Development in Asia – Lessons Learned for the South China Sea
Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard

12. Moving Forward on Joint Development in the South China Sea
Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard

Index



 
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