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既有石油合同是对争议海域进行共同开发的障碍之一。但是,鉴于既有石油合同尚未妨害海上划界协议的最终达成,仍为国际法所允许。因此,必须在共同开发谈判中妥善处理既有石油合同,兼顾石油公司、合同当事国以及另一方争端当事国的利益。处理既有石油合同的方法可以归纳为“不受共同开发影响”“依据合同条款终止合同”“单方面取消合同”和“纳入共同开发”四种。其中,“依据合同条款终止合同”和“纳入共同开发”比较具有可行性。
Existing oil contracts are one of the obstacles to the joint development of disputed waters. However, given the fact that existing oil contracts have not hindered the eventual conclusion of an agreement on maritime delimitation, they are still permitted by international law. Therefore, we must properly handle the existing oil contracts in the joint development negotiations, taking into account the interests of the oil companies, the parties to the contract and the parties to the dispute in the other party. The methods for handling existing oil contracts can be summarized as “not affected by joint development”, “termination of contracts according to contract terms”, “cancellation of contracts unilaterally” and “co-development of development”. Among them, it is more feasible to terminate the contract according to the terms of the contract and include it in the co-development.