Prospect for the joint development of Hydrocarbon resources in the South China Sea

Prospect for the joint development of Hydrocarbon resources in the South China Sea

Leonardo BERNARD

Centre for International Law, National University of Singapore

Conference on Maritime Confidence Building Measures in the South China Sea, Australian Strategic Policy Institute, August 2013

In areas with multiple claimants, such as the South China Sea, it may be difficult for the claimants to resolve disputes through negotiation, especially if disputes over sovereignty over territory are also involved. The law that applies to sovereignty disputes is customary international law pertaining to the acquisition of territory as articulated by international courts and tribunals. Sovereignty disputes can only be subjected to third party dispute settlement through the consent of the disputing parties. Given the national sensitivities associated with sovereignty disputes in the South China Sea, it is unlikely that the disputes will be resolved in the near future through third party dispute settlement. It is generally agreed…