Research On Legal Issues Of Joint Development Of Marine Boundary Oil And Gas Fields

As a temporary and functional arrangement to settle disputes over maritime rights and interests among neighbouring countries,joint development has its political,economic and legal background.Joint development involves a wide range of legal issues,including not only the basic issues of international law,but also the law of the sea,contract law,tax law,environmental protection law,investment law and other legal issues.Studying the legal issues related to joint development is not only helpful for us to understand the basic theory of joint development at the theoretical level,but also helpful for us to study the experience and challenges of joint development of international practice.In view of this,this thesis discusses the basic theory,basic principles,international practice and Enlightenment of joint development of offshore oil and gas fields,the status quo and the way of joint development in China,and the related legal issues within the framework of joint development agreement,in order to systematically and objectively sort out the theory and practice of joint development.Specifically,the thesis consists of three parts: introduction,five chapters,and conclusion.The preface describes the background of this thesis,research status,the main problems to be solved,theoretical and practical significance,as well as the research methods used in this thesis.The first chapter is the basic theoretical research of joint development of marine boundary oil and gas fields.Through the definition of the basic meanings of ’boundary’and ’joint development’,the subjective and objective factors affecting joint development of marine boundary oil and gas fields are analyzed,and then the basis of law and economics,practical basis and legal basis of joint development are demonstrated.The theoretical basis of joint development is mainly demonstrated from the perspective of law economics.The realistic basis mainly studies the necessity of joint development,the difficulties and Countermeasures Faced by joint development,and the related problems of joint development under the perspective of ‘one belt and one road’.The legal basis mainly discusses the basic legal basis,direct legal basis and indirect legal basis for joint development.The second chapter discusses the basic principles of joint development.This chapter first discusses the basic meaning of the principle of international cooperation and the new concept of China’s regional cooperation from the perspective of ‘one belt and one road’;secondly,it discusses the meaning of the principle of sustainable development,the performance of sustainable development principle in the development of marine resources,and the principles of sustainable development in the process of China’s implementation of the strategy of maritime power.Finally,the thesis discusses the meaning of the green development principle,and resolves the contradiction between sovereignty supremacy and economic efficiency,the contradiction between environmental protection and economic interests,and the contradiction between long-term interests and immediate interests.The third chapter discusses the substantive law issues of joint development of oil and gas fields in the ocean boundary.First of all,through the investigation of the existing legal model of joint development in international practice,combined with the actual situation of our country and surrounding countries,a comprehensive legal model of joint development is designed.Secondly,the selection of joint development blocks is discussed in detail,which should be based on the gradual process from easy to difficult,from point to surface,and constantly accumulate experience.Thirdly,it discusses the third-party rights,mainly discusses the attitudes of various countries to the rights of third-party rights and the basis for the generation of rights;and the choice of the third-party rights in China.Finally,this thesis discusses the environmental protection issues.Through the investigation of the current situation of the environmental protection clauses in the joint development agreement and the basic principles and specific contents of environmental protection in the joint development agreement,this thesis discusses the relevant issues that should be paid attention to in China’s joint development.In the fourth chapter,the procedural problems of joint development of oil and gas fields in offshore boundary are discussed.First of all,it discusses the issue of jurisdiction,mainly from the international practice of jurisdiction in joint development,discusses the criminal jurisdiction in the case of delimitation and the criminal jurisdiction in the disputed area.Secondly,it discusses the legal application of disputes between the parties in the joint development zone.This thesis mainly studies the application of law in the joint development zone of the dispute area.The fifth chapter discusses the international practice of joint development of offshore boundary oil and gas fields and China’s approach.This thesis reviews the existing international practice of joint development,considers the factors that affect joint development from the political,economic and legal perspectives,summarizes the enlightenment for China’s joint development practice,and puts forward ‘pragmatic cooperation,mutual benefit and win-win,joint development’ as the logical starting point of joint development.The last part is the conclusion of this thesis,which mainly discusses that China should actively create a new mode of international cooperation,learn from the successful experience of international joint development,combine with China’s actual situation,constantly improve the relevant domestic laws under the framework of international law,and actively promote the international practice of joint development of oil and gas fields on the ocean border between China and neighboring countries.