The Timor-Leste/Australia Conciliation

A Victory for UNCLOS and Peaceful Settlement of Disputes

Hao Duy Phan, Tara Davenport;Robert Beckman

• Publisher: WSPC
• eBook ISBN: 9789811202728
• Topic: Política y relaciones internacionales
• Subtopic: Relaciones internacionales

On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal of the Conciliation Commission. Two months later, the Conciliation Commission issued its report, marking the conclusion of the first ever conciliation proceeding under Annex V of UNCLOS.

This book provides detailed analyses of the proceedings and a step-by-step account of the conciliation process, as well as its wider implications for dispute settlement under UNCLOS and beyond. The various chapters explore a wide range of issues, including an overview of conciliation as a means of dispute settlement and the conciliation procedure in UNCLOS, as well as the origins and historical background of the maritime boundary dispute between Timor-Leste and Australia. The book also provides a comprehensive examination of each step of the conciliation proceedings, including the role of the Conciliation Commission, the Conciliation Commission's Decision on Competence, the issue of joint development, and the Maritime Boundaries Treaty, which Timor-Leste and Australia concluded as the legal outcome of the conciliation proceedings. Critically, the book offers insightful perspectives from Australia and Timor-Leste on the conciliation process. The book is an important contribution to the research and analysis of the Timor Sea conciliation. As one of the first books on the case, it will raise awareness and bring more familiarity with conciliation as a viable and effective dispute settlement process, thereby encouraging states to consider conciliation as a means to settle their disputes.

Contents:

• Compulsory Dispute Settlement and Conciliation under UNCLOS (S Jayakumar)
• Background to the Dispute (Hao Duy Phan)
• Composition of the Conciliation Commission and Its Role (Robert Beckman)
• The Conciliation Commission's Decision on Competence (Tommy Koh)
• Maritime Boundaries (Hao Duy Phan)
• Development of the Greater Sunrise (Tara Davenport)
• Perspective of Timor-Leste (Agio Pereira)
• Perspective of Australia
• Conclusion (Lucy Reed)

Readership: Statesmen, policy-makers, diplomats, scholars and anyone interested in maritime boundary dispute settlement and conciliation procedure.Timor-Leste/Australia Conciliation;UNCLOS;Dispute Settlement00

Table of contents

• Cover page
• Title page
• Copyright
• Contents
• Acknowledgements
• About the Editors
• List of Contributors
• Glossary
• Map 1. The Timor Sea
• Map 2. The Comprehensive Package Agreement
• Chapter 1. Compulsory Dispute Settlement and Conciliation Under UNCLOS
• Chapter 2. Background to the Dispute
• Chapter 3. Composition of the Conciliation Commission and Its Role
• Chapter 4. The Conciliation Commission’s Decision on Competence
• Chapter 5. Maritime Boundaries
• Chapter 6. The Development of the Greater Sunrise Special Regime
• Chapter 7. Perspective of Timor-Leste
• Chapter 8. Perspective of Australia
• Chapter 9. Conclusion
• Annex I Relevant Provisions in the 1982 United Nations Convention on the Law of the Sea
• Annex II Timeline of Conciliation
• Annex III The Conciliation Commission and the Parties
• Annex IV Rules of Procedure
• Annex V Decision on Competence
• Annex VI Report and Recommendations
• Annex VII Treaty Between the Democratic Republic of Timor-Leste and Australia Establishing Their Maritime Boundaries in the Timor Sea
• Index