Featured Synopsis: Enforcing Exploration and Production Contracts in the South China Sea: Investor-State Dispute Resolution as a Sui Generis Solution

By: Gregory Burts

This comment examines the contemporary geopolitical flashpoint of the South China Sea as it pertains to the exploration and production of subterranean hydrocarbons located in disputed mineral zones. Attempted Chinese economic and military domination of this region has the potential to destabilize ongoing and future exploration and production activities in this semi-enclosed sea.

Recognizing the recently escalated tensions between China and the United States, this comment examines the geopolitics associated with oil and gas exploration, and identifies potential solutions to bring stability to the region. This should be accomplished by promoting the egalitarian extraction of such minerals by strengthening regional dispute resolution and conflict management through bilateral negotiation and arbitration, executed through a multilateral foreign direct investment treaty similar in scope to the Energy Charter Treaty or the now defunct Trans-Pacific Partnership Treaty.  

We look forward to reading this full comment in the Loyola Maritime Law Journal Winter 2019 Edition!