Legal Aspects on Joint Development Area for Ambalat Dispute Settlement Since 2005, Indonesia and Malaysia have been locked in a tough negotiation on a dispute over the ownership of Ambalat Block in the Sulawesi Sea or Makasar Strait. The associated issue of maritime boundaries in this area is rich in oil and gas deposits. Prolonged negotiation has not shown a positive result. Traumatic experienced on the loss of Sipadan-Ligitan makes Indonesia preclude bring this issue to International Court of Justice or any outside body. In situation where there are a number of claimants with maritime claims to the same geographic area, it may he difficult for the disputes to be resolved through negotiation. The possibility of offshore hydrocarbon deposits being situated in the areas of overlapping claims adds to the complexity of the disputes. The exploitation of those deposits in a joint, coordinated operation by respecting the common nature of petroleum reservoirs regardless of the boundaries they cross would seem to be the ideal strategy to undertake their development from a technical, economical, and environmental perspective. However, from a legal perspective, the development of common deposits in Ambalat Dlok raises complex issues. Joint petroleum development in a Joint Development Area is cooperative practices designed to preserve the unity of the deposit while respecting the inherent, sovereign rights of the interested states. Under both UNCLOS and general international law, states are obliged to cooperate with each other in the management of resources in overlapping claims area, either through Joint Development Area or other form of provisional arrangement pending resolution of the maritime boundaries. This Thesis will also demonstrates that international law imposes certain rights and duties in relation to hydrocarbon resources in overlapping claim area. |