Beyond Territorial Disputes in the South China Sea

Edited by Robert Beckman, Associate Professor, Head of the Ocean Law and Policy Programme, Centre for International Law, National University of Singapore, the late Ian Townsend-Gault, formerly University of British Columbia, Canada, Clive Schofield, World Maritime University, Sweden, Tara Davenport, Global Associate, Centre for International Law, National University of Singapore and Leonardo Bernard, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia

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. --Djalal Hasjim, Director of Southeast Asian Studies, Jakarta, Indonesia'Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources is an excellent work of collective wisdom on solving the disputes in the South China Sea region. This book is informative and pragmatic in its academic nature. In addition, it is also important for providing a great amount of legal discussion on solving the South China Sea disputes through the construction of joint development mechanisms.'--Kuan-Hsiung Wang, Pacific Affairs'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:PrefaceS. 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 DISPUTES1. What’s at Stake in the South China Sea? Geographical and Geopolitical ConsiderationsClive Schofield2. International Law, UNCLOS and the South China SeaRobert Beckman PART II: JOINT DEVELOPMENT: PRINCIPLES, PRE-REQUISITES AND PROVISIONS3. The Exploration and Exploitation of Hydrocarbon Resources in Areas of Overlapping ClaimsTara Davenport 4. Rationale for Zones of Co-operationIan Townsend-Gault 5. Negotiating Joint Development AgreementsGavin MacLaren and Rebecca James 6. Joint Development Arrangements: Legal Structure and Key IssuesPeter Cameron and Richard NowinskiPART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA7. Implications of Recent Southeast Asian State Practice for the International Law on Offshore Joint DevelopmentDavid M. Ong 8. Joint Development Arrangements in Northeast Asia and the Gulf of TonkinVasco Becker-Weinberg 9. Joint Development in the Timor SeaStuart 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 SEA11. Factors Conducive to Joint Development in Asia – Lessons Learned for the South China SeaRobert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard 12. Moving Forward on Joint Development in the South China SeaRobert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard Index