Research On The Legal Issues Of Joint Exloration Of Oil And Gas Resources In China's Disputed Sea Area

As the shortage of oil and gas resources in land becomes a large problem, the exploration of submarine resources is an inevitable trend. Coastal countries have disputes on it. The system of joint exploration is introduced to maintain international peace and make full use of submarine oil and gas resources. Joint exploration is defined as co-prospecting and–exploitation of oil and gas resources in disputed area for both parties by dint of construction. On this condition, each country involved can share the resources. Although China proposed "Carrying out Joint Development while Shelving Disputes" policy, it has not reached agreement with neighboring countries. Therefore, it's necessary to research the joint exploration of oil and gas resources in China disputative sea areas deeply from the prospect of law. Based on home and abroad relevant legal theories, this paper takes disputed Diaoyu island and the Nansha islands as research objects to study the legal issues of joint exploration between China and other countries such as Japan, Vietnam etc with theoretical analysis, cases comparison and materials summarizing. This paper started with the distribution of oil and gas resources in China disputed sea areas and the present situation of joint exploration in both theory and practice. Then, the necessary, feasibility and the problems in related laws that China implements joint exploration were analyzed. This paper discussed the strategies China should take to implement joint exploration. From macro and micro, a juristic design about joint development agreement in China was studied. The research indicates that, China should take right strategies to achieve joint exploration and strengthen the system construction. The harmful effects of international code should be resolved in degree. The theoretical framework of joint development agreement should be paid more attention to. Joint development agreement should reflect economic concept as foundation and pursue the economic benefit maximization as goal with important matters defined definitely at macro level. It should improve the concreteness, pertinence and maneuverability of terms firstly, and the detailed specification should be made in main provision at micro level. The research can perfect the conception of Joint Development Agreement in China and lay a foundation of laws for implementing joint exploration.