The Research On The Legal Issue Of The International Marine Oil Joint Development And The Development Actuality In China

The development of human is taking resources gradually from nature. When the resources have, been mined largely, marine resources become focus of new contest of human. 1982, United Stations convention on the law of the sea has established the continental shelf and exclusive economic Zone (EEZ) regimes. More than one-third of the world oceans are inside 200-mile zones of coastal states. This extension of maritime jurisdiction offers new acreage for mineral resources exploration and exploitation by coastal state, but it has also unavoidably created numerous overlapping claim areas in various parts of the world. Joint development appears to have increasingly been accepted in state practice as the principal approach to the challenge of resource exploitation in an area subject to conflicting territorial claims. To define joint development, different scholars have different ideas. However, the common definition is joint development is according to the agreement of the government and nations reconnoiter and explore marine oil and gas together to avoid the disputes caused by ocean delimitation. Joint development is a temporary arrangement before ocean boundary is delimited thoroughly.Joint development provides a good terrace for settling the disputed ocean area. Its main character is :( 1) the main body of joint development is a sovereignty nation. (2)The legal basis of joint development is an agreement between nations. (3)alternative.Jiont development does not set compulsory duties based on law. It is not compulsory but due to political and economic considerations.(4)economic. Mutually for have the nation of benefits to say, all nations can make the most benefits from commercial exploitations via putting disputes aside and cooperate with each other.(5)temporary.Joint development is a temporary arrangement before the final boundary line has been made out.It is substitute of delimitation. Joint development must be implemented under legal regime. Agreement between nations is the most direct basis of law. The management style of joint development directs joint development overall and decides the power of manage organization, contract type, jurisdiction and resolvement of disputes, etc.International practice of joint development is forming with the development of nation practice.