Title

No Panacea?: Challenges in the application of provisional arrangements of a practical nature

RIS ID

76002

Publication Details

C. H. Schofield, 'No Panacea?: Challenges in the application of provisional arrangements of a practical nature' in M. H. Nordquist and J. N. Moore(ed), Maritime Border Diplomacy (2012) 151-169.

Additional Publication Information

Maritime Border Diplomacy, edited by Myron H. Nordquist and John Norton Moore, examines critical issues in international maritime boundary disputes together with the important global role of Indonesia, whose maritime boundaries are imperative to its sovereign status identity. Stressing the seminal importance of the UN Convention on the Law of the Sea to world order, international experts analyze root causes of boundary disputes including historical claims and competition for natural resources. Issues of preventative diplomacy and activism in maritime affairs are explored, as are legal … read moreissues arising in the context of creating zones of cooperation in the oceans. Practical issues in fisheries and environmental management, and the volatile questions involved in the South China Sea, are detailed. The volume concludes with a substantive presentation on dispute resolution mechanisms.

Abstract

Provisional arrangements of a practical nature, and in particular maritime joint development zones, have been heralded as an attractive means of overcoming seemingly intractable maritime boundary disputes. While there is considerable merit in these arguments, they do not tell the whole story. Whlie highlighting some of the key advantages of maritime joint development, the paper also explores some notable obstacles to the establishment of and potential problems associated with such joint management mechanisms. Pertinent examples are of such joint arrangements are drawn fromthe East and Southeast Asian experience. It is concluded that while challenges to the successful implementation of maritime joint development can be overcome and that joint development arrangements therefore retain their attractions, considerable caution is required before States with overlapping maritime claims pursue this dispute management option.

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