Timor Gap Agreement

These powers of the Common Authority have been divided equally between Australia and Indonesia. The board consisted of an executive director of each nation (appointed by the Council of Ministers) and a director of each of the authority`s four functions: technical, financial, business services and law. [12] Directors of technical and financial functions could not be representatives of the same nation, as these were the two most important functions of the Authority. [12] Both parties had to agree on any decision. [12] If no agreement could be reached, the matter was referred to the Council of Ministers. [12] The Joint Authority had offices in Darwin, Australia and Jakarta, Indonesia. The delimitation of the continental shelf between opposing or adjacent coastal states is done by mutual agreement on the basis of international law as defined in Article 38 of the Statute of the International Court of Justice, in order to reach a fair solution. [75] UNTAET therefore has the honour of informing the Australian mission in East Timor that all rights and obligations arising from Indonesia`s previous Timor-Gap Treaty will be assumed by UNTAET acting on behalf of East Timor until the date of East Timor`s independence. UNET may enter into agreements or arrangements, on behalf of East Timor and the Australian sub-idioms, with respect to the continuation of the treaty provisions. By agreeing to pursue the provisions of the treaty, the United Nations therefore does not recognize the validity of East Timor`s “integration” into Indonesia. Although bilateral border negotiations began at the end of 2015, no agreement is yet underway.

Even if all of Timor-Leste`s maritime borders are established, continued cross-border cooperation will be needed to ensure good maritime policy and peace and security in the region. 4.51 In the same interview, Mr. Galbraith stated that every state, including independent East Timor, had the opportunity to refer the matter to the International Court of Justice for maritime delimitation. “I hope this does not happen because an acceptable agreement for eastern tami will be negotiated and it will enter into force through independence,” he said. 4.16 However, it should also be noted that: (a) the Maritime Borders Treaty is permanent; (b) that the 1972 treaty amendment can only take place with the agreement of both parties; and (c) one party can withdraw from the contract only with the agreement of the other party. As a result, it would be extremely difficult, if not impossible, for Indonesia to reopen the issue of seabed boundaries outside the Timor slope (with the exception of the possibility of adapting the three points A16 and A17). Any unilateral denunciation by Indonesia would be rejected by the International Court of Justice. 4.32 However, East Timor was not the usual scenario. Indonesia no longer exercised sovereignty. The view was that Portugal should not regain its sovereignty, even in the most technical sense of the word, a view shared by Portugal.

But with no new independent eastern state in the world, Australia has faced a situation where there is no state to deal with. In the absence of such a state, with whom could Australia reach an agreement to ensure the continuation of the treaty`s functioning? [46] 4.52 September 18, 2000 Foreign Affairs Minister Alexander Downer, Resources Minister Nick Minchin and Attorney General Daryl Williams announced that, from 9 October, Australian officials would travel to Dili for three days of negotiations with UNTAET and east Timor officials on the rights to future oil exploration and exploitation in the Timor Breach.

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