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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. -
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. -
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. -
The Timor Gap Treaty As a Model for Joint Development in the Spratly Islands
American University International Law Review Volume 13 | Issue 3 Article 4 1998 The imorT Gap Treaty as a Model for Joint Development in the Spratly Islands Lian A. Mito Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Mito, Lian A. "The imorT Gap Treaty as a Model for Joint Development in the Spratly Islands." American University International Law Review 13, no. 3 (1998): 727-764. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. TPJHUE 'IM OR GAP 'TREATY AS A MODEL FOR JOINT IDEVELOPMENT IN THE SPRATLY ISLANDS LIAN A. MITO Introduction .................................................... 728 I. The International Law Standard ............................. 730 A. Judicial Decisions ....................................... 730 B. The United Nations Convention on the Law of the Sea .. 733 II. The Spratly Islands ......................................... 734 A. Background and History of the Dispute ................. 734 B. Claimant Countries ..................................... 737 1. China ............................................... 737 2. Taiw an ............................................. -
Seabed Boundary Delimitation 17
3 6HDEHGERXQGDU\GHOLPLWDWLRQ 3.1 In the period between the announcement of the results of the ballot in which the population of East Timor voted for independence and its accession to independence, the media provided an acute reflection of the mixed emotions among the Australian public concerning its near neighbour. 3.2 On the one hand, media reports celebrated the role played by the Australian Defence Force and volunteers in assisting East Timor’s recovery from the outbreak of violence that followed the ballot result.1 On the other, the Australian Government was criticised for not acting sooner. These reports recalled the uneasiness felt by many Australians at the acceptance of Indonesia’s annexation of East Timor by successive Australian governments.2 3.3 Continued ill ease at the vulnerability of East Timor was reflected in expressions of concern to the Committee that Australia had failed to treat its northern neighbour fairly in treaty negotiations. In particular, these concerns focused upon the dimensions of the JPDA set out in the Treaty. 1 P. Cole-Smith, ‘World Owes Australia Thanks: US’, Sydney Morning Herald, 14 January 2000; C. Smith, ‘UN Chief Lauds Darwin’s Spirit’, Northern Territory News, 19 February 2000; G. Reid, ‘Queen Praises Our Brave Timor Troops’, Mercury, 30 March 2000. 2 L. Wright, ‘Intelligence Leaks Just Part of the Great Political Flux’, The Canberra Times, 2 January 2002; S. Burchill, ‘Apologists are Reviving History to Absolve Jakarta’, Age, 15 March 2000; A. Ramsey, ‘How Gough Whitlam’s Words Sealed the Tragedy’, Sydney Morning Herald, 16 September 2000. 16 REPORT 49: THE TIMOR SEA TREATY The JPDA 3.4 The Department of Foreign Affairs and Trade (DFAT) acknowledged that the Treaty has been criticised by non-government organisations because of ‘the structure of the JPDA, [that is] where the boundaries exist …’3 3.5 The principal document on which criticisms of JPDA boundaries were based is an Opinion in the Matter of East Timor’s Maritime Boundaries by Vaughan Lowe, Christopher Carleton and Christopher Ward (the Lowe Opinion). -
The East Timor Case
East Timor http://www.law.nyu.edu/kingsburyb/int_law_archive/intl_law_f03/unit2... CASE CONCERNING EAST TIMOR (PORTUGAL v. AUSTRALIA) INTERNATIONAL COURT OF JUSTICE June 30, 1995 General List No. 84 THE COURT, composed as above, after deliberation, delivers the following Judgment: 1. On 22 February 1991, the Ambassador to the Netherlands of the Portuguese Republic (hereinafter referred to as "Portugal") filed in the Registry of the Court an Application instituting proceedings against the Commonwealth of Australia (hereinafter referred to as "Australia") concerning "certain activities of Australia with respect to East Timor". According to the Application Australia had, by its conduct, "failed to observe ... the obligation to respect the duties and powers of [Portugal as] the administering Power [of East Timor] ... and ... the right of the people of East Timor to self-determination and the related rights". In consequence, according to the Application, Australia had "incurred international responsibility vis-a-vis both the people of East Timor and Portugal". As the basis for the jurisdiction of the Court, the Application refers to the declarations by which the two States have accepted the compulsory jurisdiction of the Court under Article 36, paragraph 2, of its Statute. … 6. Since the Court included upon the Bench no judge of the nationality of either of the Parties, each Party proceeded to exercise the right conferred by Article 31, paragraph 3, of the Statute to choose a judge ad hoc to sit in the case; Portugal chose Mr. Antonio de Arruda Ferrer-Correia and Australia Sir Ninian Martin Stephen. By a letter dated 30 June 1994, Mr. -
Australia Holding Back East Timor
Australia holding back East Timor TOM CLARKE The Australian February 28, 2013 IF you thought the debate over East Timor's oil and gas resources had been put to bed, think again. Because Australia has never agreed on permanent maritime boundaries with East Timor, the temporary resource-sharing agreement the Howard government jostled it into in 2006 may come crashing down. The exploitation of oil and gas resources in the Timor Sea While there are 80 examples of the median line resolving has been a thorn in the side of successive Australian such claims, there is only one exception - the 1972 Australian- governments since foreign minister Gareth Evans signed the Indonesian Treaty. Current understanding of international law infamous Timor Gap Treaty in 1989. It allowed Australia to and advances in drilling and mining technology have made pocket millions of dollars from Timor's oil and gas reserves in geological and geomorphological factors, such as continental exchange for becoming one of the only countries in the world shelves, irrelevant in such cases. to legally recognise Indonesian sovereignty over East Timor. In addition to peddling the continental shelf argument Neither did the Howard government intend to take a during his time as foreign minister, Alexander Downer also more equitable approach than its predecessors. Two months liked to highlight Australia's aid and military assistance to East before East Timor's independence, Australia pre-emptively Timor. While Australia played a very important role in helping withdrew its recognition of maritime boundary jurisdiction of to stabilise East Timor from 1999, over the same period the the International Court of Justice and the International Australian government has taken more in contested oil and Tribunal for the Law of the Sea.