Abstract
Maritime boundary disputes with neighboring states, especially in continental shelf driven by potentially large hydrocarbon deposits lying in overlapping continental shelf. Presently, there are many states remain in the hydrocarbon extraction and exploration in the form of joint development Agreement. The impacts of the joint development in conducting exploitation in the offshore which become the disputing continental shelf may potentially cause pollution or environmental damage in the adjacent area. The objective of the research is to evaluate whether the joint development Agreement in disputing continental shelfconcerns to the protection of the marine environment.The paper undertakes a critical examination of the issues relating to the role of coastal states to protect the marine environment in Joint Development Agreement.The paper is a normative research and the methodology employed in this paper is library research. While the approaches employed in the research are statutory approach, comparative approach and conceptual approach. The research finds that the protection of the marine environment in joint development agreement in the joint development zone needs has not carried out optimumly particularly in developing countries.
Highlights
States are outstandingly dependent on oil for many activities whether industrial activities or transportation activities
Maritime boundary disputes with neighboring states, especially in continental shelf driven by potentially large hydrocarbon deposits lying in overlapping continental shelf
The paper undertakes a critical examination of the issues relating to the role of coastal states to protect the marine environment in Joint Development Agreement
Summary
States are outstandingly dependent on oil for many activities whether industrial activities or transportation activities. Oil spills at sea have damaged mangrove forests, coral reefs and fisheries, both through major accidents and regular leakage from tankers, loading buoys and drilling rigs and platforms It is necessary the involvement of the coastal states as the parties of the JDA to actively prevent, mitigate and preserve the environment in the JDA, since the impacts of offshore exploitation range from temporary, to long-term harm resulting from the accidental or operational release into the marine environment of oil, chemicals used in the drilling process, heat or waste streams. The article analyses comprehensively what are the role of the coastal states to protect the marine environment in the JDAs in the overlapping claim of continental shelf. It discusses the Joint development agreement and the legal basis. This paper has aim to: (1) examine the joint development agreement; (2) analyze comprehensively the impacts of exploitation in the offshore to the marine environment; (3) examine the international instruments and national instrument in regulating the protection of marine environment in the joint development agreement; and (4) analyze the role of the coastal state in protecting the marine environment in the Joint Development agreement
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