A Study On Legal System For The Joint Development Of Marine Resources In The South China Sea

The 21st century is a sea century. South China Sea has a great significance to China's political, economic, and military. "United Nations Convention on the Law of the Sea" has established a legal system of exclusive economic zone and continental shelf. Many exclusive economic zone or continental shelf which has potential resources immediately become overlapping areas that the adjacent or opposite coastal States claims their right. These conditions induce many problems in maritime delimitation and exploitation of resources and attract international concerns as well as theoretical research. In fact, as every state moves toward the ocean, an increasing number of countries are interested in the exploitation of the overlapping areas.Provisional measures of the convention is a system arrangement to resource utilization in controversial area, Using this system will help to preserve our sovereignty and maritime rights and interests, it also will stabilize the security environment surrounding the South China Sea, and on this basis to explore the ultimate fair and reasonable way to resolve the South China Sea dispute. Therefore, the study on joint development mechanisms of marine resources in South China Sea is undoubtedly has a positive and far-reaching historical significance.This paper contains four parts:Partâ… :This chapter gives a brief introduction of the basic theory of joint development of marine resources. It mainly introduces the origins of joint development. Furthermore, it discuss different interpretations of Chinese and foreign scholars. The chapter will also demonstrate the author's own opinion about joint development.Partâ…¡:With the convention came into effect, joint development has systematic written law as letter of credit, this chapter mainly introduces the historical evolution of joint development of marine resources. In this chapter, the author analyzes the relationship of exclusive economic zone, continental shelf, Semi-enclosed seas and joint development. The provisional measure has landmark significance to the joint development.Partâ…¢:This chapter analyzes international practice of joint development of marine resources. basing on the case to analyze the mode of joint development which is representative, the author want to summarize some principles and methods to our South China Sea joint development. Partâ…£: This chapter provide the legal mechanism of joint development, analyzing the necessity and feasibility of South China Sea joint development of marine resources, then observes all proposals or programs for joint development of South China Sea, Combined the other countries'practice, international law scholars, opinions and related theories, hoping that this report can contribute some to the research of our country's Legal mechanisms of joint development.