No Panacea? Challenges in the Application of Provisional Arrangements of a Practical Nature

Abstract

This chapter outlines some of the factors that offer the opportunity and the need for applying maritime joint development. It explores some of the key potential benefits associated with the application of joint development to areas subject to competing maritime claims. A number of obstacles to the establishment of and potential problems associated with joint management mechanisms for offshore spaces are then explored, drawing on examples of such joint arrangements located in East and Southeast Asia. Maritime joint management mechanisms necessarily represent a significant challenge to State sovereignty. Their implementation is therefore challenging and requires the investment of considerable political capital over a period of decades. While challenges to the successful establishment and implementation of provisional arrangements of a practical nature can certainly be overcome, political will remains the vital factor in making joint zones work effectively and for them to be sustained over the long term. Keywords:maritime claims; maritime joint development; Southeast Asia; State sovereignty