Although treaties between Indonesia and Australia demarcated parts of the Timor Sea, there was a gap in the maritime boundaries, the opposite of the present-day land area of East Timor. 17 Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Indonesia Determining Certain Boundaries of the Seabed in the Area of the Timor and Arafura Seas.
ENCLAVING
When the strictly equidistant line needs to be modified due to the existence of a natural geographic feature, a modified equidistant line will be generated68 (see map 4). The method uses parallel latitude and meridian longitude as boundary lines.69 This method is also known in the TALOS as “arbitrary line.”70 These methods are useful in the delineation process of neighboring states with similar general coastline directions71 and to circumvent the cut. -off effect when using the equidistant.72.
PERPENDICULAR
This method is not widely used because of the difficulty of generalizing the coastline in a straight line.77.
PARALLEL LINE
NATURAL BOUNDARY
The second consideration factor is the geological and geomorphological features of the maritime border area and the immediate area. Another consideration is the actions of the states involved in the maritime boundary dispute.
CURRENT SITUATION ON THE MARITIME BOUNDARIES IN TIMOR SEA
As was also done in this research, another factor that should be considered in determining the border between coastal states is the historical background of the area in question.104 The ICJ would analyze and see the historical background of the disputed area to see if any title history may be employed in the disputed area.
INDONESIA – AUSTRALIA MARITIME BOUNDARY Currently, Indonesia and Australia have agreed on several maritime
In the process of establishing PFSEL, Indonesia and Australia used the equidistance method with semi-enclave modification. The Indonesian government was aware that the border arrangements in the 1971 and 1972 agreements were not to its advantage.119 Thus, Indonesia and Australia resorted to establishing a joint development agreement to manage resources for the gap in the border opposite present-day East Timor. , found in an unresolved segment of the Timor Sea, without discussing any final delimitation of this area.120 This treaty would be discussed in more detail while analyzing the current state of maritime boundary conditions between Timor-Leste and Australia. In order to finalize their maritime boundaries, Indonesia and Australia concluded another agreement in 1997 (Perth Treaty 1997),121 which demarcated the water column (according to UNCLOS 1982, the legal regime for the water column is the EEZ) between the two countries. including the Timor Sea, opposite present-day Timor-Leste, as well as the western part of the border between the two countries in the Java Sea.122 In addition, the agreement extended the seabed boundary westward from the point where the Seabed Treaty was adopted in 1972. 123 The Perth Treaty of 1997 also established a new seabed and exclusive economic zone boundary between the Indonesian island of Java and the Australian island.
121 Agreement between the Government of Australia and the Government of the Republic of Indonesia on the establishment of the boundary of the exclusive economic zone and certain seabed boundaries, see note 19. Christmas Island in the Indian Ocean. 124 Most of the boundary of the exclusive economic zone between Indonesia and Australia was, as specified in the treaty of 1997, "aligned" with PFSEL 1981.125. When the Perth Treaty was concluded in 1997, many experts described it as a "creative, complex, confusing and awesome" treaty.126 The nicknames come from the nature of the treaty, which established a separate jurisdiction between the seabed and the water column above it.
Moreover, since some segments of the demarcated zone are currently facing the land territory of Timor-Leste, the possibility of its ratification is impossible.
INDONESIA – TIMOR-LESTE MARITIME BOUNDARY From geographical perspective, there are three maritime segments
To this day, the 1997 Perth Convention has yet to enter into force as both states have yet to ratify it. The seabed boundaries, in accordance with the Seabed Boundary Convention of 1971 and 1972 in the Arafura Sea and the part of the Timor Sea, to point A25; EEZ and the western seabed boundary between the island of Java and Christmas Island in accordance with the 1997 Perth Convention. However, this convention has yet to enter into force and the possibility of ratification is impossible.
For the border segment of the Timor Sea, Indonesia and East Timor should conclude two lateral borders, the western segment at the end of the land border with Indonesia in the Mota Masin area and the eastern segment.128. There is no maritime border between Indonesia and East Timor in the Timor Sea yet.129 In addition, Indonesia and East Timor also share a common land border on the island of Timor, which is demarcated according to the Dutch-Portuguese Convention of 1904. According to the principle of uti possidetis juris , Indonesia would succeed the territory of the Netherlands Indies, while East Timor would succeed the territories of Timor and Portugal.
Therefore, the process for determining the maritime border could only start after the land border was completed, especially for the western side.130 Although there were discrepancies in the percentage of completed segments, all the facts have shown an optimistic outlook for finalization. of the process.131 With that said, the two states had met twice in September and October 2015132 to consult on the Terms of Reference and work plans of the maritime boundary negotiations.133 The consultations were a tangible result of the President's Declaration Indonesian Joko Widodo and the Prime Minister of Timor-Leste, Rui Maria de Araújo, during the Prime Minister's visit to Jakarta on August 26, 2015.134.
TIMOR LESTE – AUSTRALIA MARITIME BOUNDARY Australia’s interest over hydrocarbon resources in the Timor Sea
COMPLETING THE JIGSAW OF THE MARITIME BOUNDARIES IN TIMOR SEA
After analyzing the current state of each maritime border between the coastal states in the Timor Sea, the final part of the research will analyze the options for each coastal state in the Timor Sea to move forward with the maritime border delimitation.
MAINTANING INDONESIA’S SOVEREIGNTY
Regarding the maritime border with Australia, Indonesia had reacted quite harshly to the outcome of the Timor-Leste-Australia reconciliation process. An issue that needs to be carefully discussed by the Government of Indonesia is Timor-Leste's compliance with the existing maritime boundary treaty in the Timor Sea (1972 Maritime Boundary Treaty). However, as the Timor-Leste - Australia maritime boundary is not in place of the maritime boundary "Trench" in the Timor Sea as defined in the Timor Trench Treaty.
1989 and provided for in the 1972 Seabed Boundary Treaty, Indonesia must carefully build its position in the maritime demarcation negotiation process with Australia to have the maximum opportunity to pursue its interests and not be left with a fait accompli by the East -Timor. and Australia. As regards the maritime borders with East Timor, of the three maritime border segments between Indonesia and East Timor, the East Timor Sea segment is the most complex to resolve.190 This is caused by the pre-existing land border agreements between the two states. and the presence of the four small islands close to the island of Timor: Pulau Leti, Pulau Moa, Pulau Lakor (Indonesia) and the island of Jaco (Timor-Leste).191. In addition to the above options, Indonesia should in the long term also consider the tri-junction point between the three coastal states in the Timor Sea once all necessary maritime delimitation treaties are in place.
Indonesia's active effort in completing the jigsaw of maritime boundaries in the Timor Sea may provide more ground for the country's interest in the Timor Sea sphere.
A MATTER OF LIFE OR DEAD FOR A NATION: TIMOR LESTE’S OPTIONS
Kay Rala Xanana Gusmão, former President of Timor-Leste was appointed as chief negotiator for the negotiation effort.200. Regarding the content of the delimitation, Timor-Leste should argue for the use of the equidistant line (median line) in the delimitation process with Australia. Timor-Leste considers that the median line is the only legally sound method of demarcation in the area, and there are no arguments for deviating from it. 201.
Regarding the maritime border with Australia, the results of the mandatory conciliation process agreed in concept on 30 August 2017 and signed on 6 March 2018 are likely to have produced very satisfactory results for East Timor. The agreed maritime boundary is relatively more favorable to Timor-Leste compared to the basic position of the maritime boundary claimed by Timor-Leste (see map 13). Timor-Leste and Australia are currently engaged in discussions with the resource license holder of the Greater Sunrise gas field to determine the best practicable method to efficiently and effectively exploit the area.
Based on these facts, clearly, Timor-Leste had indeed provided more than a lifeline, but an important foundation for Timor-Leste's future progress and development.
TO PROVIDE LEGAL CERTAINTY: AUSTRALIA’S NEW POSITION
WAY FORWARD
By completing its part of the maritime boundary in the Timor Sea, Timor-Leste and Australia moved one step closer to completing the puzzle of maritime boundaries in the Timor Sea. 210 Raja Raja Cholan, “United Nations Convention on the Law of the Sea”, available at https://www.iaspreparationonline.com/united-nations-convention-on-the-law-of-the-sea-unclos/, accessed 30 August 2017. International Hydrographic Bureau, A Manual on Technical Aspect of the United Nations Convention on the Law of the Law, Special Publications No.
Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Indonesia Determining Certain Boundaries of the Seabed. Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Indonesia Determining Certain Seabed Boundaries in the Area of the Timor and Arafura Seas. Agreement between the Government of the Democratic Republic of Timor-Leste and the Government of Australia on the merger of the Sunrise and Troubadour Fields.
The area of the Timor Sea claimed by East Timor as subject to its exclusive sovereign rights under international law. Permanent Court of Arbitration, Joint Statement by the Governments of Timor-Leste and Australia and the Conciliation Commission established under Annex V of the United Nations Convention on the Law of the Sea, press release on 9 January 2017. Joint Statement by the Governments of Timor-Leste and Australia and the Conciliation Commission established in pursuant to Annex V of the United Nations Convention on the Law of the Sea, press release on 24 January 2017.
