Special Section of Letters on Joint Development: An Introductory Note

Abstract

1. Articles 74/83, paragraph 3 provides: 3. Pending agreement as provided for in paragraph 1, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation. 2. The “provisional arrangements” envisioned in this paragraph are usually called “joint development” projects; or such arrangements mostly take the form of “joint development” projects. A good idea this no doubt is, and it is becoming more and more important, as the energy security of many States is getting more and more precarious. But it is an idea that is easier said than done. There are not too many successful examples around the world. In order to adequately understand the phenomenon, the Chinese Institute of International Law at China Foreign Affairs University and the Institute of Malaysian and International Studies (IKMAS) at Universiti Kebangsaan Malaysia (UKM) decided to jointly conduct a research project on some existing joint development agreements, with participants from inside and outside these two institutes.