Country:

East Timor / Australia

Subject:

Maritime

Item Type:

Legislation

Date of Item:

25 October 1999

Topic:

New precedent established in international law?

Summary:

The UN has established a new administrative body to administer East Timor until its independence in 2-3 years' time.  Under Security Council resolution 1272 of 25 October 1999, the UN Transitional Administration in East Timor ("UNTAET") will have, inter alia, treaty-making power.  UNTAET intends to use this power to fill the vacuum in sovereignty created by there not yet being an East Timorese State which could succeed Indonesia under the Timor Gap Treaty.  The treaty entered into force in 1991 when Indonesia and Australia agreed to leave a gap in their seabed boundary and to create a zone of cooperation over it to encourage oil exploration and development.  Production within the zone commenced in 1998.  With the separation of East Timor from Indonesia, no part of the zone is now subject to Indonesian sovereignty or jurisdiction.  The assumption of authority over the existing treaty by UNTAET appears to establish a new precedent in international law.

Name of Reporter:

Robert Pritchard

Firm Name:

Pritchard Udovenya

Location:

Sydney, Australia

Fax:

61 2 9223 5388

Email:

robert@resourceslaw.net