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"The first starting point is for Timor Leste and Australia to negotiate the maritime boundary. If that was unsuccessful, they could then use the international tribunal for the law of the sea or the International Court of Justice (ICJ) to adjudicate any dispute about the maritime boundary. However, to pre-empt Timor Leste taking the matter to international arbitration, Australia in March 2002 withdrew from that part of the jurisdiction of the ICJ which deals with maritime boundary. This means Timor Leste will have to negotiate directly with Australia. So clearly Timor Leste as a newly independent state would be locked into a David and Goliath battle with Australia to resolve fair and equitable maritime boundaries." Timor Sea Justice Coalition, Australia



International Law



Timor Sea Justice Coalition - a fair go for East Timor
(2004 Australia)

Home: http://www.TimorSeaJustice.org



Source:
http://www.timorseajustice.org/law.htm


Under international law Timor Leste is entitled to claim its own maritime boundary - Timor Leste currently does not have a maritime boundary of its own.

The first starting point is for Timor Leste and Australia to negotiate the maritime boundary.

If that was unsuccessful, they could then use the international tribunal for the law of the sea or the International Court of Justice (ICJ) to adjudicate any dispute about the maritime boundary.

However, to pre-empt Timor Leste taking the matter to international arbitration, Australia in March 2002 withdrew from that part of the jurisdiction of the ICJ which deals with maritime boundary.

This means Timor Leste will have to negotiate directly with Australia. So clearly Timor Leste as a newly independent state would be locked into a David and Goliath battle with Australia to resolve fair and equitable maritime boundaries.

In spite of this disadvantage, Timor Leste is prepared to negotiate in good faith with Australia. Timor Leste wants at least six rounds of talks per year and a fixed timetable of not more than five years to conclude the negotiations.

Australia on the other hand is stalling the negotiations and is refusing to negotiate in good faith with Timor Leste. Australia is prepared to have only two rounds of talks per year and is refusing to set a fixed timetable to conclude the negotiations.





About The Timor Sea Justice Campaign
http://www.timorseajustice.org/about.htm

Last updated 25 Aug 2004

The Timor Sea Justice Campaign is an independent campaign originating in Melbourne in January 2004. The campaign has now extended to Sydney, Darwin, Brisbane and Alice Springs. The campaign seeks to change Australian government policy in relation to the Timor Sea and is made up of concerned individuals of various ages and professions/occupations working on a voluntary basis.

The Timor Sea Justice campaign believes that as a sovereign nation, East Timor has the right to settle its boundaries with neighbouring countries and to benefit from its natural resources, particularly at the time that this new nation needs the revenue from resources in the Timor Sea to develop and provide its citizens with basic services such as schools and hospitals. The Timor Sea Justice Campaign aims to lobby the Australian government to be a friendly and cooperative neighbour to East Timor, building on the goodwill between the two nations, and to respect the economic, social and cultural rights of the East Timorese and East Timor's full sovereign rights under international law.

 

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