Joint Development of Hydrocarbon Deposits in the South China Sea: International Legal Perspective

博士 === 國立臺灣師範大學 === 政治學研究所 === 105 === The significances of the South China Sea are the potential hydrocarbon deposits reserved, sea lines of communication and productive living resources. These are the reasons the claimants to the South China Sea claim sovereignty over the maritime features and the...

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Bibliographic Details
Main Authors: Ku, Chih-Wen, 顧志文
Other Authors: Wang, Kuan-Hsiung
Format: Others
Language:zh-TW
Published: 2017
Online Access:http://ndltd.ncl.edu.tw/handle/h675sw
Description
Summary:博士 === 國立臺灣師範大學 === 政治學研究所 === 105 === The significances of the South China Sea are the potential hydrocarbon deposits reserved, sea lines of communication and productive living resources. These are the reasons the claimants to the South China Sea claim sovereignty over the maritime features and their surrounding waters. Claims are based on historical evidence, pre-occupation or the United Nations Convention on the Law of the Sea. Recently all claimants have been bolstering some infrastructure on their maritime features such as airstrips, radar systems and harbors for vessels. This behavior complicates the situation. Thus, this thesis answers the following questions: firstly, what is the geopolitical situation in the South China Sea and the reasons for the disputes? Secondly, what is Joint Development of Hydrocarbon Deposits and some of its history of successful implementation; thirdly, the analysis of the applicability of Joint Development of Hydrocarbon Deposits in the South China Sea. Fourthly, how can Joint Development Agreement be applied in the South China Sea? The findings are as follows, firstly, Joint Development of Hydrocarbon Deposits are an appropriate way to address disputes in the South China Sea because it doesn’t touch sovereignty issues and is just a method to jointly explore and exploit the hydrocarbon deposits of the South China Sea. Also, since Joint Development of Hydrocarbon Deposits only deals with sovereign rights, the Republic of China can still enjoy the right to be involved in any Joint Development of Hydrocarbon Deposits agreements. Secondly, Claimants lack mutual trust. Successful implementation of Joint Development of Hydrocarbon Deposits is a way to garner mutual trust. Reviving the 2005 tripartite agreement on the Reed Bank would serve as a good model for claimants to deal with disputes. Three suggestions emanating from my research are: the first one is if the tripartite agreement is to work, the Republic of China will have to participate under the aegis of a private oil company as opposed to a participation of the government. Secondly, Joint Development of Hydrocarbon Deposits is a way for all claimants not only to cooperate with each other but also to appease sovereignty conflict. The said actions could contribute to mutual trust thereby leading to further cooperation. Thirdly, conducting meetings as dual meetings can stabilize the situation and create the peaceful and prosperous environment on the South China Sea.