Abstract

There are numerous boundary disputes and overlapping claims to oil and gas reserves in South East Asia. The United Nations Convention on the Law of the Sea "UNCLOS" says states have the exclusive right to exploit underground petroleum resources in their own territory and undersea resources in their continental shelf that are subject to their jurisdiction and control. When drilling in undisputed water the "rule of capture" applies and there is no duty to cooperate with other states. UNCLOS has established Maritime Delimitation Rules for used in boundary disputes. If states fail to agree on their boundaries "within a reasonable period of time" they shall resort to UNCLOS' binding dispute settlement mechanism that include state "mak[ing] every effort to enter into provisional arrangements of a practical nature" so as "not to jeopardize or hamper the reaching of the final agreement." UNCLOS equitable principles states "the delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law… in order to achieve an equitable solution." Procedural implications for disputes include provisional measure such as preliminary injunctions and disruption of operations and final measures that include declarations, damages, permanent injunctions and more declarations. Current boundary disputes include Australia and East Timor, Malaysia and Thailand, Malaysia and Vietnam, Guyana and Suriname, and Malaysia and Indonesia.

Keywords: UNCLOS Article 77 • UNCLOS Article 81 • UNCLOS Article 56 • UNCLOS Article 74 §2 • UNCLOS Article 83 §2 • UNCLOS Article 74 §3 • UNCLOS Article 83 §3 • Article 287 • Joint Development Arrangements