南海油氣資源共同開發之國際法研究
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2017
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南海之重要性在於：可能潛在的油氣資源、世界海上運輸之要道及豐富的漁業資源。也因為南海各聲索方先後在南海海域佔領某些島礁設立行政組織以作為佔領事實，再者因為南海島礁星羅密佈，數量難以估計，各聲索方基於《聯合國海洋法公約》之島嶼制度主張專屬經濟海域與大陸礁層。因此，各聲索方為鞏固其南海之主權主張，各國都不斷加強在南海所佔領的某些島礁上之軍事作為，也讓南海情勢更加緊張。因此，本文問題意識：第一，南海地緣環境與其諸島爭端原因為何？第二，油氣資源共同開發及國家實踐為何？第三，南海油氣資源共同開發之可行性分析？第四，南海油氣資源共同開發之發展方向為何？
本文研究發現：其一，在南海僵局中共同開發為一個較佳解決爭端的可能途徑。因為南海各聲索方在不談南海諸島主權前提下，以協議方式在南海爭議海域共同探勘及開發油氣資源，似為緩和目前爭端以及相互合作充分利用油氣資源之合宜解決途徑。再者，此途徑不涉及主權，故在中國大陸的「一中政策」架構下，中華民國仍有權利參與協議，共同分享南海油氣資源。其二，目前南海爭端聲索方缺乏足夠解決爭議的實際案例與互信基礎，因此若能就2005年中菲越三方協議的基礎下重啟協議或僅就中菲禮樂灘油氣資源共同探勘進行合作，將可作為南海區域合作的一個成功典範，亦是具法律性與實務性的多贏解決南海爭端與利用油氣資源的方案。
本文研究建議：其一，如未來中菲達成禮樂灘油氣資源共同開發協議，建議我政府應極力加入此協議，並且應支持由非官方管道談論協議合作事宜，就如中菲越三方協議一般，由三方石油公司訂契約討論協議內容。其二，油氣資源共同開發提供我政府與南海各聲索方合作的一種方式，藉由共同開發油氣資源降低主權紛爭，並經由合作增進彼此信任感，最後也由於信任感的增加而增進其它領域的合作。其三，積極舉辦雙軌會議，如定期舉辦半官方性質的工作坊或研討會，並廣邀南海各聲索方的學者或是以個人名義的官員與會，共同討論南海各式合作的可能性，以促進南海和平穩定與繁榮。
The significances of the South China Sea are the potential hydrocarbon deposits reserved, sea lines of communication and productive living resources. These are the reasons the claimants to the South China Sea claim sovereignty over the maritime features and their surrounding waters. Claims are based on historical evidence, pre-occupation or the United Nations Convention on the Law of the Sea. Recently all claimants have been bolstering some infrastructure on their maritime features such as airstrips, radar systems and harbors for vessels. This behavior complicates the situation. Thus, this thesis answers the following questions: firstly, what is the geopolitical situation in the South China Sea and the reasons for the disputes? Secondly, what is Joint Development of Hydrocarbon Deposits and some of its history of successful implementation; thirdly, the analysis of the applicability of Joint Development of Hydrocarbon Deposits in the South China Sea. Fourthly, how can Joint Development Agreement be applied in the South China Sea? The findings are as follows, firstly, Joint Development of Hydrocarbon Deposits are an appropriate way to address disputes in the South China Sea because it doesn’t touch sovereignty issues and is just a method to jointly explore and exploit the hydrocarbon deposits of the South China Sea. Also, since Joint Development of Hydrocarbon Deposits only deals with sovereign rights, the Republic of China can still enjoy the right to be involved in any Joint Development of Hydrocarbon Deposits agreements. Secondly, Claimants lack mutual trust. Successful implementation of Joint Development of Hydrocarbon Deposits is a way to garner mutual trust. Reviving the 2005 tripartite agreement on the Reed Bank would serve as a good model for claimants to deal with disputes. Three suggestions emanating from my research are: the first one is if the tripartite agreement is to work, the Republic of China will have to participate under the aegis of a private oil company as opposed to a participation of the government. Secondly, Joint Development of Hydrocarbon Deposits is a way for all claimants not only to cooperate with each other but also to appease sovereignty conflict. The said actions could contribute to mutual trust thereby leading to further cooperation. Thirdly, conducting meetings as dual meetings can stabilize the situation and create the peaceful and prosperous environment on the South China Sea.
The significances of the South China Sea are the potential hydrocarbon deposits reserved, sea lines of communication and productive living resources. These are the reasons the claimants to the South China Sea claim sovereignty over the maritime features and their surrounding waters. Claims are based on historical evidence, pre-occupation or the United Nations Convention on the Law of the Sea. Recently all claimants have been bolstering some infrastructure on their maritime features such as airstrips, radar systems and harbors for vessels. This behavior complicates the situation. Thus, this thesis answers the following questions: firstly, what is the geopolitical situation in the South China Sea and the reasons for the disputes? Secondly, what is Joint Development of Hydrocarbon Deposits and some of its history of successful implementation; thirdly, the analysis of the applicability of Joint Development of Hydrocarbon Deposits in the South China Sea. Fourthly, how can Joint Development Agreement be applied in the South China Sea? The findings are as follows, firstly, Joint Development of Hydrocarbon Deposits are an appropriate way to address disputes in the South China Sea because it doesn’t touch sovereignty issues and is just a method to jointly explore and exploit the hydrocarbon deposits of the South China Sea. Also, since Joint Development of Hydrocarbon Deposits only deals with sovereign rights, the Republic of China can still enjoy the right to be involved in any Joint Development of Hydrocarbon Deposits agreements. Secondly, Claimants lack mutual trust. Successful implementation of Joint Development of Hydrocarbon Deposits is a way to garner mutual trust. Reviving the 2005 tripartite agreement on the Reed Bank would serve as a good model for claimants to deal with disputes. Three suggestions emanating from my research are: the first one is if the tripartite agreement is to work, the Republic of China will have to participate under the aegis of a private oil company as opposed to a participation of the government. Secondly, Joint Development of Hydrocarbon Deposits is a way for all claimants not only to cooperate with each other but also to appease sovereignty conflict. The said actions could contribute to mutual trust thereby leading to further cooperation. Thirdly, conducting meetings as dual meetings can stabilize the situation and create the peaceful and prosperous environment on the South China Sea.
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南海, 油氣資源, 共同開發, 聯合國海洋法公約, the South China Sea, Hydrocarbon Deposits, Joint Development, United Nations Convention on the Law of the Sea