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Judging the East Timor Dispute: Self-Determination at the International Court of Justice, 17 Hastings Int'l & Comp
Hastings International and Comparative Law Review Volume 17 Article 3 Number 2 Winter 1994 1-1-1994 Judging the East Timor Dispute: Self- Determination at the International Court of Justice Gerry J. Simpson Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Gerry J. Simpson, Judging the East Timor Dispute: Self-Determination at the International Court of Justice, 17 Hastings Int'l & Comp. L. Rev. 323 (1994). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol17/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Judging the East Timor Dispute: Self-Determination at the International Court of Justice By Gerry J. Simpson* Table of Contents I. Introduction ............................................ 324 1E. Some Preliminary Remarks about the Case ............. 327 III. International Politics and the International Court: A Functional Dilemma .................................... 329 IV. Substantive Questions of Law .......................... 332 A. The Existence of a Right to Self-Determination...... 333 B. Beneficiaries of the Right to Self-Determination ..... 334 1. Indonesia's TerritorialIntegrity and the Principle of Uti Posseditis................................. 339 2. Enclaves in InternationalLaw .................. 342 3. Historical Ties .................................. 342 C. The Duties of Third Parties Toward Peoples Claiming a Right to Self-Determination ............. 343 V. Conclusion .............................................. 347 * Lecturer in International Law and Human Rights Law, Law Faculty, Univcrity of Melbourne, Australia. -
LEGAL and COMMERCIAL RISKS of INVESTMENT in the TIMOR GAP Legal and Commercial Risks of Investment in the Timor Gap GILLIAN TRIGGS*
LEGAL AND COMMERCIAL RISKS OF INVESTMENT IN THE TIMOR GAP Legal and Commercial Risks of Investment in the Timor Gap GILLIAN TRIGGS* [This paper examines the legal and commercial risks for investors and contractors in the Zone of Cooperation of the Timor Gap, both during the transitional period under the administration of the United Nations Transitional Administration in East Timor (‘UNTAET’) and after East Timor gains independence. It is argued that while the Exchange of Notes between Australia and the UNTAET provides stability during the transitional period, there are significant risks to production sharing contractors once East Timor gains independence. The paper also considers the consequences of a possible application by East Timor to the International Court of Justice for the determination of a permanent seabed boundary. While international law indicates that the natural prolongation theory will apply to protect Australia’s claim to the continental shelf, there is a risk that the International Court of Justice will apply the equidistance principle, which would place Area A of the Zone of Cooperation on the East Timorese side of a notional median line. It is suggested that, if a final boundary is neither agreed by Australia and East Timor nor imposed by the International Court of Justice, respective sovereign and commercial interests are best served by some form of joint development regime. A new agreement could provide the foundation for fruitful, long-term relations between East Timor and Australia, by protecting the juridical positions -
Separate Opinion of Judge Vereshchetin
SEPARATE OPINION OF JUDGE VERESHCHETIN While 1 am in agreement with the Judgment delivered by the Court, 1 feel obliged to deal in this opinion with one important issue which, in my view, although not addressed in the reasoning of the Judgment, also bars the Court from adjudicating upon the submissions in the Applica- tion of the Portuguese Republic. Besides Indonesia, in the absence of whose consent the Court is pre- vented from exercising its jurisdiction over the Application, there is another "third party" in this case, whose consent was sought neither by Portugal before filing the Application with the Court, nor by Australia before concluding the Timor Gap Treaty. Nevertheless, the Applicant State has acted in this Court in the name of this "third party" and the Treaty has allegedly jeopardized its natural resources. The "third party" at issue is the people of East Timor. Since the Judgment is silent on this matter, one might wrongly con- clude that the people, whose right to self-determination lies at the core of the whole case, have no role to play in the proceedings. This is not to suggest that the Court could have placed the States Parties to the case and the people of East Timor on the same level procedurally. Clearly, only States may be parties in cases before the Court (Article 34 of the Statute of the Court). This is merely to Say that the right of a people to self-determination, by definition, requires that the wishes of the people concerned at least be ascertained and taken into account by the Court. -
Timor Sea Treaty Between the Government of Australia and the Government of East Timor, Done at Dili on 20 May 2002
Timor Sea Treaty between the Government of Australia and the Government of East Timor, done at Dili on 20 May 2002. AMENDED NATIONAL INTEREST ANALYSIS Proposed binding treaty action 1. It is proposed to bring into force the Timor Sea Treaty between the Government of Australia and the Government of East Timor (the Treaty). Date of proposed binding treaty action 2. The proposed treaty action will enter into force on the day that both Parties have notified each other in writing that their respective requirements for entry into force have been complied with (Article 25). Upon entry into force the treaty will be taken to have effect and all of its provisions will apply and be taken to have applied on and from the date of signature, 20 May 2002. 3. The treaty was signed in Dili on 20 May 2002. 4. Upon entry into force of the Treaty, the Exchange of Notes constituting an Agreement between the Government of the Democratic Republic of East Timor and the Government of Australia concerning Arrangements for Exploration and Exploitation of Petroleum in an Area of the Timor Sea Between East Timor and Australia, done at Dili on 20 May 2002, will cease to have effect. Date of tabling of the proposed treaty action 5. 25 June 2002. Summary of the purpose of the proposed treaty action and why it is in the national interest 6. The Timor Sea between northern Australia and East Timor contains proven petroleum resources in the seabed. Australia and East Timor have competing claims to the resources of this seabed. -
Fieldwork in Timor-Leste
Understanding Timor-Leste, on the ground and from afar (eds) and Bexley Nygaard-Christensen This ground-breaking exploration of research in Timor-Leste brings together veteran and early-career scholars who broadly Fieldwork in represent a range of fieldwork practices and challenges from colonial times to the present day. Here, they introduce readers to their experiences of conducting anthropological, historical and archival fieldwork in this new nation. The volume further Timor-Leste explores the contestations and deliberations that have been in Timor-Leste Fieldwork symptomatic of the country’s nation-building process, high- Understanding Social Change through Practice lighting how the preconceptions of development workers and researchers might be challenged on the ground. By making more explicable the processes of social and political change in Timor- Leste, the volume offers a critical contribution for those in the academic, policy and development communities working there. This is a must-have volume for scholars, other fieldworkers and policy-makers preparing to work in Timor-Leste, invaluable for those needing to understand the country from afar, and a fascinating read for anyone interested in the Timorese world. ‘Researchers and policymakers reading up on Timor Leste before heading to the field will find this handbook valuable. It is littered with captivating fieldwork stories. The heart-searching is at times searingly honest. Best of all, the book beautifully bridges the sometimes painful gap between Timorese researchers and foreign experts (who can be irritating know-alls). Academic anthropologists and historians will find much of value here, but the Timor policy community should appreciate it as well.’ – Gerry van Klinken, KITLV ‘This book is well worth reading by academics, activists and policy-makers in Timor-Leste and also those interested in the country’s development. -
The Timor Gap, 1972-2002
The Timor Gap, 1972-2002 Robert J. King July 2002 The Timor Sea Treaty between Australia and East Timor was signed in Dili on 20 May 2002, the first day of East Timor’s existence as an internationally recognized independent state. The treaty was signed for Australia by Prime Minister John Howard, and for East Timor by Prime Minister Mari Alkatiri. The treaty created a Joint Petroleum Development Area (JPDA) of 75,000 sq km in the Timor Sea, with 90 per cent of revenue from production within the area going to East Timor and 10 per cent to Australia. The JPDA covered 100 per cent of a $US1.6 billion project being developed at the Bayu-Undan oil and gas fields by Phillips Petroleum and about 20 per cent of the ten trillion cubic feet Sunrise and Troubadour reservoirs.1An annex to the treaty awarded 18 per cent of revenues from the Greater Sunrise field, a deposit that straddles the eastern corner of the joint area, to East Timor. The Timor Sea Treaty will remain in force until there is a permanent seabed delimitation between Australia and East Timor, or for thirty years from the date of its entry into force, whichever is the sooner (article 22). The Timor Sea Treaty replaced the Timor Gap (Zone of Cooperation) Treaty between Australia and Indonesia, which lapsed when East Timor ceased to be a province of Indonesia following a United Nations supervised act of self-determination on 30 August 1999. The Joint Petroleum Development Area created by the Timor Sea Treaty covers Zone of Cooperation Area A established by the Timor Gap Treaty. -
The East Timor Case Before the International Court of Justice * East
Symposium: The East Timor Case before the International Court of Justice * East Timor Moves into the World Court Christine M. Chinkin ** L Introduction The events leading to Indonesia's military invasion and subsequent annexation of East Timor, accompanied by repeated allegations of gross violations of human rights,1 are well known. The legality of Indonesia's claim to East Timor as constituting the 27th province of Indonesia has been the subject of much debate.2 Sixteen years after the occupation, proceedings were commenced in the International Court of Justice to bring Indonesia's claim and the contrary claim of the people of East Timor to their right to self-determination under judicial scrutiny. However these claims will be raised only in * Note from the Editors: The European Journal cf International Law has decided to occasionally publish track* reviewing the main ifp»ff of cases pfndiny before the International Court of Justice The views expressed in such •rides are strictly personal, and do not necessarily reflect those of the editorial board. •• LLB; LLM; PhD (Sydney); Professor of Law, University of Southampton. This article was first presented as a paper at a conference on the Legal Issues Arising from the East Timor Conflict, sponsored by the Human Rights Centre, University of New South Wales and the International Jurists for East Timor, March 1992. An earlier version appeared as The Merits of Portugal's Case Against Australia'. 15 New South Walts Law Journal (1992) 423. 1 iTtcfc- u£vc been nmncroos rcpocXi by noo^jpT^ffPiinrnf^i OfBwni7wTioftt snicn ss Amnesty intf I'n^^otffl* since 1973 of human rights violations in East Timor. -
Official Committee Hansard
COMMONWEALTH OF AUSTRALIA Official Committee Hansard JOINT STANDING COMMITTEE ON TREATIES Reference: Timor Sea treaties MONDAY, 14 OCTOBER 2002 CANBERRA BY AUTHORITY OF THE PARLIAMENT INTERNET The Proof and Official Hansard transcripts of Senate committee hearings, some House of Representatives committee hearings and some joint com- mittee hearings are available on the Internet. Some House of Representa- tives committees and some joint committees make available only Official Hansard transcripts. The Internet address is: http://www.aph.gov.au/hansard To search the parliamentary database, go to: http://search.aph.gov.au JOINT COMMITTEE ON TREATIES Monday, 14 October 2002 Members: Ms Julie Bishop (Chair), Mr Wilkie (Deputy Chair), Senators Barnett, Bartlett, Kirk, Marshall, Mason, Stephens and Tchen and Mr Adams, Mr Bartlett, Mr Ciobo, Mr Martyn Evans, Mr Hunt, Mr King and Mr Bruce Scott Senators and members in attendance: Senators Barnett, Kirk, Marshall, Stephens and Tchen and Mr Adams, Ms Julie Bishop, Mr Ciobo, Mr Martyn Evans and Mr Wilkie Terms of reference for the inquiry: Timor Sea treaties WITNESSES ATWELL, Ms Julie-Anne, Senior Legal Officer, Office of International Law, Attorney- General’s Department...................................................................................................................................270 BUCKLEY, Mr Michael Thomas, Manager, Resources and Environment Tax Unit, Business Income Division, Department of the Treasury ...........................................................................................270 -
The New Timor Sea Treaty and Interim Arrangements for Joint Development of Petroleum Resources of the Timor Gap
THE NEW TIMOR SEA TREATY AND INTERIM ARRANGEMENTS FOR JOINT DEVELOPMENT OF PETROLEUM RESOURCES OF THE TIMOR GAP GILLIAN TRIGGS* AND DEAN BIALEK† [Under the Timor Sea Treaty of 2002, Australia and the newly independent East Timor have agreed upon joint development of the petroleum resources of the disputed Timor Gap. Until this treaty comes into force, an Exchange of Notes applies the terms of the 1989 Timor Gap Treaty, with Australia and East Timor as the implementing parties. Since gaining independence, East Timor has argued that under current principles of international law, it is entitled to a greater share of the Timor Sea’s oil and gas resources than is suggested by the boundaries of the Timor Sea Treaty’s Joint Petroleum Development Area (‘JPDA’). Principally, East Timor asserts that the western and eastern lines defining the JPDA are ill-founded at international law, a claim that has immediate implications for the joint venture partners in the Greater Sunrise fields that straddle the JPDA’s eastern boundary. This paper examines the legal background to the Timor Gap dispute, the agreements that have regulated resource exploitation of the area since 1989, the validity of the respective seabed rights of Indonesia, Australia and East Timor and finally, the impact of Australia’s recent withdrawal of maritime boundary disputes from the jurisdiction of the International Court of Justice and the International Tribunal for the Law of the Sea.] CONTENTS I Introduction II Legal Background to the Timor Gap Dispute III The Exchange of Notes -
Frontiers in International Environmental Law: Oceans
chapter 2 Water and Soil, Blood and Oil Demarcating the Frontiers of Australia, Indonesia and Timor- Leste David Dixon 1 Frontiers, Borders and Boundaries This chapter explores frontiers as political and economic constructs, focusing on the contested borders and boundaries of Timor-Leste.* At its centre is a dispute about the maritime boundary between Timor-Leste and Australia in which access to hydrocarbon resources in the Timor Sea has been at stake. In 2018, Timor- Leste and Australia signed a Treaty ‘to settle finally their mari- time boundaries in the Timor Sea’ (2018 Treaty).1 Despite considerable mutual self- congratulation,2 this treaty does not finalise the boundary (instead cre- ating an anomalous and temporary enclave to accommodate Australia’s eco- nomic interests). Nor does it deal conclusively with the crucial question of who should extract oil and gas or where processing should be carried out: it could not do so, for these decisions are ultimately not for nation states but for international corporations. To them, frontiers are less about pride and security than about opportunities and obstacles. This indicates a broader theme: bor- ders and boundaries may be products not of the rational application of legal principles, but rather of political (often symbolic) concerns about sovereignty and of pragmatic, economic interests in resources allocated to states by fron- tier delineations. * Acknowledgements: This paper is written in tribute to David Freestone, a friend and for- mer colleague who has taught me much, not least the importance of academic integrity and commitment. As well as thanking David, I acknowledge Richard Barnes, Clinton Fernandes, Patrick Earle, José Ramos-Horta and the extraordinary people at Laˊo Hamutuk and Timor- Leste’s Marine Boundary Office. -
The Timor Gap: the Legality of the "Treaty on the Zone of Cooperation in an Area Between the Indonesian Province of East Timor and Northern Australia"
Pace International Law Review Volume 4 Issue 1 Article 3 January 1992 The Timor Gap: The Legality of the "Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia" Roger S. Clark Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Roger S. Clark, The Timor Gap: The Legality of the "Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia", 4 Pace Y.B. Int'l L. 69 (1992) Available at: https://digitalcommons.pace.edu/pilr/vol4/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. SYMPOSIUM TIMOR GAP: THE LEGALITY OF THE "TREATY ON THE ZONE OF COOPERATION IN AN AREA BETWEEN THE INDONESIAN PROVINCE OF EAST TIMOR AND NORTHERN AUSTRALIA" Roger S. Clarki I. DAY OF INFAMY IN EAST TIMOR On December 7, 1975, the thirty-fourth anniversary of the day of infamy at Pearl Harbor, Indonesian forces invaded the territory of East Timor, a Portuguese colony for some four and a half centuries. Following the 1974 Portuguese revolution, East Timor, like other Portuguese non-self-governing territories, had been moving through a process of self-determination. Portu- guese authorities evacuated the territory in August 1975 during civil disorders, condoned, if not fomented by, the Indonesians. -
The Historic 2018 Maritime Boundary Treaty Between Timor-Leste and Australia
ISPSW Strategy Series: Focus on Defense and International Security Issue The Historic 2018 Maritime Boundary Treaty No. 573 between Timor-Leste and Australia Dr. Anne-Marie Schleich Sep 2018 The Historic 2018 Maritime Boundary Treaty between Timor-Leste and Australia Dr. Anne-Marie Schleich September 2018 Abstract The historic 2018 Maritime Boundary Treaty between Timor-Leste and Australia was the result of a new and unique conciliation process established under the United Nations Convention on the Law of the Sea (UNCLOS). It demarcated for the first time maritime boundaries between the two nations and increased the revenue sharing ratio of the gas reserves in favour of Timor-Leste. The speedy and efficient UNCLOS conciliation process promises to become a role model for the settlement of other maritime claims and sovereignty issues. About ISPSW The Institute for Strategic, Political, Security and Economic Consultancy (ISPSW) is a private institute for research and consultancy. The ISPSW is an objective, task-oriented and politically non-partisan institute. In the increasingly complex international environment of globalized economic processes and worldwide political, ecological, social and cultural change, which occasions both major opportunities and risks, decision- makers in the economic and political arena depend more than ever before on the advice of highly qualified experts. ISPSW offers a range of services, including strategic analyses, security consultancy, executive coaching and intercultural competency. ISPSW publications examine a wide range of topics connected with politics, the economy, international relations, and security/ defense. ISPSW network experts have held – in some cases for decades – executive positions and dispose over a wide range of experience in their respective fields of expertise.