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Vol 21 No 11 Nov/Dec 2016

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Beyond Territorial Disputes in the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources

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Edited by: Robert Beckman, Ian Townsend-Gault, Clive Schofield

ISBN13: 9781781955932
Published: June 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £96.00



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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.

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Subjects:
Other Jurisdictions , China, Energy and Natural Resources Law
Contents:
Preface S. Jayakumar
Introduction: Why Joint Development in the South China Sea? Robert C. 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 and the South China Sea Disputes Robert C. 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 McLaren and Rebecca James
6. Common Provisions in Joint Development Arrangements Richard Nowinski and Peter Cameron

PART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA
7. Joint Development in Southeast Asia David Ong
8. Joint Development in the Gulf of Tonkin and Northeast Asia Vasco Becker-Weinberg
9. Timor Sea Treaty Stuart Kaye
10. Provisional Arrangements in the Torres Strait Ben Milligan

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

Index