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.