Session details

IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C2.3, Convention Centre, Level 2

Session information

Joint development of offshore natural resources
Room C2.3, Convention Centre, Level 2

Committee(s)

Public Law Section (Lead)
Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL)
International Trade and Customs Law Committee

Description

Since the signing of the UN Charter in 1945, the evolution of state boundary delimitation has been substantial, although a relatively large number of specifically maritime boundary disputes globally appear more or less intractable. These disputes are in no small measure driven by concerns on the part of the states involved to secure access to natural resources – perhaps, especially hydrocarbons – which they know, or at least suspect, are located within the area of the overlapping claims. This session aims to address the extent to which joint development (JD) initiatives can assist in resolving, or at least reducing the tensions in, maritime boundary disputes, not least by facilitating commercial development even where issues of sovereignty have not been finally agreed. To this end, the session brings together leading experts in the fields of the international law of the sea, environmental law, maritime law, energy law and other related disciplines. Through their joint development zones, many states have placed themselves in an ideal position to benefit from the commercial opportunities thereby created. Holding the workshop in such a state would allow the governments of the two countries to showcase their achievement and explain how they overcame obstacles, thus offering other nations a tangible example of successful offshore cooperation. Part 1: a new paradigm? As a consequence of JD, many legal issues arise, such as the effect of regimes on traditional ‘jurisdiction’ and ‘sovereignty’ concepts, the effect of JD regimes on existent disputes, the effect of JD regimes and boundaries disputes, and even the goal of ‘joint sovereignty’ on JD regimes. Part 2: day-to-day JD regimes also raise, maritime issues; maritime spatial planning issues; port and customs regulation matters, effects on corporative structure under the regimes; transfer of technology and intellectual property issues; tax issues; regulatory jurisdiction matters under JD regimes, bidding and financing under the regimes; corporative international liability under regimes, and regimes and insolvency (applicable law, jurisdiction, execution etc), among others.

Session / Workshop Chair(s)

Professor Pablo Ferrara J.S.D. Ministerio de Energia y Mineria de la Nacion Argentina, Buenos Aires, Argentina; Chair, Public Law Section
Giovani Loss Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados, Rio de Janeiro, Brazil
Professor Alexander Proelss Trier University, Trier, Germany; Officer, Public Law Section
Hugo Eduardo Vivot LL.M. Hope Duggan & Silva, Buenos Aires, Argentina; Secretary, Public Law Section

Speakers

Professor Lawrence Awosika Commission on the Limits of the Continental Shelf (CLCS), New York, New York, USA
Professor Vasco Becker-Weinberg Faculty of Law of the Universidade NOVA de Lisboa, Lisbon, Portugal
Gabriele Goettsche-Wanli Division for Ocean Affairs and the Law of the Sea (DOALOS), New York, New York, USA
Professor Stuart Kaye University of Wollongong, Wollongong, New South Wales, Australia