Legal Research On Oil And Gas Resources Development In The South Sea Of China

With the suddenly tense situation in the South China Sea, southeastern Asian countries have taken action on it, breaking the long peace since February by 2009. The Philippine congress passed"the baseline bill of the territorial waters", Huangyan island and the part reefs of the Nansha islands divided into their territory on February 17. Malaysia and Vietnam jointly submitted their respective 200 miles outside the continental shelf case in the south of the South China Sea to the United nations with the continental border committee on May 6.And Vietnam presented separately outer continental shelf case in the central parts of the South China Sea on May 7.Their actions are based mainly on deadline of continental shelf approaching. However, the attraction of the rich oil and gas is the fundamental reason. In addition to its superior location, its rich minerals are called"the Persian gulf". Nowadays oil reserves have become important indexes measuring any countries, they can promote economic growth, improve social and economic situation, ascend comprehensive national strength so that countries have been made in strategic objectives for the gas and oil exploration and development. However, duo to special geographical, historical, legal and other reasons, the existing situation of part, resources exploitation and utilization was not fully. So the study of oil and gas exploration of the South China Sea on the legal issues has significant and theories.Analyzed legal issues of oil and gas development in the South China Sea with theory and practice of international law, the paper contains five parts: the first chapter gives a brief introduction of the oil and gas exploration situation of the South China Sea, Malaysia, Indonesia, Brunei, Vietnam, Philippines and China.The second chapter is described in detail the legal basis for the development, the continental shelf system, and continental shelf sovereign rights of coastal States. The author analyzes the relationship of continental shelf and exclusive economic zone, the basic principles of delimitation of the continental shelf——fairness, the relationship of continental shelf delimitation and joint development.The third chapter focuses on the oil and gas development in South China Sea and joint development. In spite of many solutions for the exploration, the joint development is the most practicable by analyzing, and suitable for overlap area joint development. The author discussed its legal feature and status, analyzes impact factors from the political, economic, legal and socio-cultural in order to promote joint development smoothly.The fourth chapter demonstrates necessity and feasibility of joint development with three specific cases from international practice of joint development again. The success of international practice provided the most valuable reference to the text for joint development of the South China Sea.The fifth chapter summarizes some proposal by the surrounding countries, organize the progress of their joint development in recent years, such as Philippines, Vietnam and Indonesia. Finally the author summary: joint development in the South China Sea should solve the problem about the choice of common zone, the subject of joint development and the project of joint development. The joint develop of the South China Sea fields long way to go, need the efforts of all parties.