Beyond Territorial Disputes in the South China Sea

Beyond Territorial Disputes in the South China Sea

Legal Frameworks for the Joint Development of Hydrocarbon Resources

NUS Centre for International Law series

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

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.

Chapter 5: Negotiating joint development agreements

Gavin MacLaren and Rebecca James

Subjects: asian studies, asian law, law - academic, asian law, maritime law, public international law


The issues that arise from overlapping maritime claims in the South China Sea are far from simple to resolve. Various approaches have been suggested, but progress has proved difficult to achieve. Joint development has long been considered a possible way forward. In this chapter, we present our perspective on certain aspects of the negotiation of joint development agreements. After briefly outlining the legal context in which joint development is pursued, we focus on the preparation process, the circumstances in which joint development may be desirable and the choice of joint development agreement. Finally, a few brief observations are made on the prospects for joint development as a means of resolving the disputes in the South China Sea.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information