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

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.
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Chapter 5: Negotiating joint development agreements

Legal Frameworks for the Joint Development of Hydrocarbon Resources

Gavin MacLaren and Rebecca James


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.

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