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Article: Is the Rule of Capture countenanced in the South China Sea? The policy and practice of China, the Philippines and Vietnam

TitleIs the Rule of Capture countenanced in the South China Sea? The policy and practice of China, the Philippines and Vietnam
Authors
Issue Date2014
PublisherInforma U K Limited. The Journal's web site is located at http://www.llplimited.com
Citation
Journal of Energy and Natural Resources Law, 2014, v. 32 n. 4, p. 483-508 How to Cite?
AbstractThis article examines the petroleum regimes of China, the Philippines and Vietnam to ascertain whether they countenance the rule of capture in the South China Sea. It concludes that the policy and practice of Vietnam clearly and absolutely do not countenance the application of the rule of capture in regard to potential or actual transboundary petroleum deposits in the South China Sea. On the other hand, China has maintained a 1996 secrecy regulation, which authorises China National Offshore Oil Corporation (CNOOC) to undertake unilateral activities involving transboundary deposits in disputed areas of the South China Sea. At the same time, China has adopted bilateral declarations and agreements that preclude the application of the rule of capture in both delimited and undelimited areas of the South China Sea. As for Philippine policy and practice, there is ambivalence towards the potential or actual presence of transboundary deposits.
Persistent Identifierhttp://hdl.handle.net/10722/206370
ISSN

 

DC FieldValueLanguage
dc.contributor.authorLoja, MH-
dc.date.accessioned2014-10-27T09:03:22Z-
dc.date.available2014-10-27T09:03:22Z-
dc.date.issued2014-
dc.identifier.citationJournal of Energy and Natural Resources Law, 2014, v. 32 n. 4, p. 483-508-
dc.identifier.issn0264-6811-
dc.identifier.urihttp://hdl.handle.net/10722/206370-
dc.description.abstractThis article examines the petroleum regimes of China, the Philippines and Vietnam to ascertain whether they countenance the rule of capture in the South China Sea. It concludes that the policy and practice of Vietnam clearly and absolutely do not countenance the application of the rule of capture in regard to potential or actual transboundary petroleum deposits in the South China Sea. On the other hand, China has maintained a 1996 secrecy regulation, which authorises China National Offshore Oil Corporation (CNOOC) to undertake unilateral activities involving transboundary deposits in disputed areas of the South China Sea. At the same time, China has adopted bilateral declarations and agreements that preclude the application of the rule of capture in both delimited and undelimited areas of the South China Sea. As for Philippine policy and practice, there is ambivalence towards the potential or actual presence of transboundary deposits.-
dc.languageeng-
dc.publisherInforma U K Limited. The Journal's web site is located at http://www.llplimited.com-
dc.relation.ispartofJournal of Energy and Natural Resources Law-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleIs the Rule of Capture countenanced in the South China Sea? The policy and practice of China, the Philippines and Vietnamen_US
dc.typeArticleen_US
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros256136-
dc.identifier.volume32-
dc.identifier.issue4-
dc.identifier.spage483-
dc.identifier.epage508-
dc.publisher.placeUnited Kingdom-

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