Joint Development of Hydrocarbon Resources in the South China Sea After the Philippines Versus China Arbitration?

Abstract

Abstract After the tribunal in the South China Sea arbitration found that China is not entitled to claim maritime zones beyond the entitlements that the Law of the Sea provides for, the Philippines and China reentered into negotiations about the joint development of hydrocarbon resources and have come to an understanding on fisheries. Philippine lawyers have criticized these attempts as “waiving” or “compromising” the arbitral tribunal’s award and the Philippines’ claim. This article analyzes the consequences of the award for state obligations under Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea. The article discusses whether and in what way joint development arrangements adopted despite the absence of China’s entitlement to the maritime area in question could prejudice or be factually detrimental to the Philippines’ claim.