南海争议海域油气资源共同开发探析

On Joint Development of Oil and Gas Resources in Disputed Waters of South China Sea

在南海争议海域进行油气资源开发的问题上,我国提出了"搁置争议、共同开发"的倡议,虽然得到了争端各方的广泛认同,但实践中收效甚微。在争议海域进行油气资源共同开发应该首先明确是争议主体、权利主张和争议海域等问题。南海争议海域油气资源共同开发的主要障碍是争议各方对南海海域权利主张的不明确;有关权利主张的合法性存在问题;争议海域范围不够确定。因此,争议各方应进一步明确权利主张;并使己方的权利主张符合国际法原则和规则;通过善意谈判的手段对争议海域的范围达成共识。唯有如此,才能解决南海争议油气资源共同开发中的瓶颈问题,最终达成共同开发协议。

For the development of oil and gas resources in disputed waters of South China Sea, China put for- ward the initiative of shelving disputes and carrying out joint development, which has achieved very little in prac- tice though winning the wide recognition of different parties. Such issues as subjects of disputes, claims for rights and disputed waters should first be clarified so as to jointly develop the oil and gas resources in disputed waters. The main obstacles in joint development of oil and gas resources in the disputed waters of South China Sea lie in the unclear claims for the rights of South China Sea among the parties of disputes, the issues of legitimacy about the claims of rights, and the undefined scope of disputed waters. Therefore, the parties of disputes are supposed to further clarify the claims of rights, make their own claims meet the principles and rules of international laws, and reach consensus for disputed waters by goodwill negotiation. Only by this can the bottleneck problem in joint development of oil and gas resources in disputed waters of South China Sea be solved and joint development a- greements eventually be reached.