Study On Legal Issues Of Joint Development Of Offshore Oil And Gas In Controversial Area

Resources development in controversial area experiences a transition from disorder to order, from their own way to joint development. Modern joint developments in controversial area are in legal system. This thesis studies on legal issues of joint development of offshore oil & gas in controversial area.The study starts from several basic issues of joint development of offshore oil & gas in controversial area, involving factors affecting joint development, concept, characteristics, subjects and types of joint development, as well as its legal basis and principles. Joint development of offshore oil & gas in controversial area is affected by the state's energy needs and the significance of oil resources. Dispute of sovereignty of the controversial area and the oil reserves in the area also affect it. And the relationship between states can not be ignored. So, joint development is temporary, functional, political and so on. Participants in joint development include nations, joint development agency and oil companies, in which nations are the most basic ones, oil companies are the actual operator and the joint development agency is different in every case because of its different develop mode. "United Nations Convention on Law of the Sea" on the temporary arrangement of the continental shelf and exclusive economic zone is the legal basis for joint development. And "Shelving disputes and seeking joint development" is the special principle of joint development.In the second and third chapter, the author studies on a series of issues about joint development in controversial area including issues on public law and private law, but not exhaustive. The joint development that does not affect the status of controversial area and countries' views about it, also does not affect the rights of third parties. But whether pre-existing rights are affected depends on joint development agreement. After studying on joint development agency according different management mode, the author prefers the agency only offers proposal and communication. The author emphasizes on protection of nationalization, capital transfer and tax of investment in joint development, and the important role of insurance.Private law issues are mostly about the contract of joint development, including concept, effectiveness, content, risk and application of law. The author expands the scope of the contract of joint development and distinguishes it from traditional contract of joint development. Its economic, managerial and legal terms are the main point, as well as terms of stability and balance, terms of renegotiation, terms of performance guarantee, terms of claims, terms of contract transfer and other articles such as environmental protection. The author also studies on the risk of contract, political risk and legal risk, offering several preventive ways.Settlements of dispute of joint development in controversial area are the main topic of this thesis. Chapterâ…£studies on a number of dispute settlement systems in multilateral and bilateral treaties about joint development of oil resource. Disputes of Joint development in controversial area are divers and different in every case, which affect joint development, settlement of boundary, international relations and energy security greatly. The author studies different solutions according different dispute types, and builds a system of dispute settlement of joint development in controversial area.Chapterâ…¤is the end of the thesis. Preceding chapters' studies on joint development in controversial area are prepared for our future participation in joint development in controversial area of South China Sea. Basing on analysis of the South China Sea issues, strategic position of resources and prospect of joint development in South China Sea, the author proposes that we should make a good prepare of national energy strategies and policies when we joint develop offshore oil & gas with other countries in controversial area of South China Sea. And we should deal well with the cooperation relation with neighboring countries, regional stability, pre-existing rights, environmental protection and other issues. We should insist on the basic principles of joint development, select appropriate mode of joint development, make a detailed joint development contract, and introduce an appropriate dispute settlement system.