Hao Duy Phan - Timor-Leste/Australia Conciliation, The: A Victory for Unclos and Peaceful Settlement of Disputes

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The Timor-Leste/Australia Conciliation

A Victory for UNCLOS and Peaceful Settlement of Disputes

The Timor-Leste/Australia Conciliation

A Victory for UNCLOS and Peaceful Settlement of Disputes

Editors

Hao Duy Phan

Tara Davenport

Robert Beckman

Published by

World Scientific Publishing Co. Pte. Ltd.

5 Toh Tuck Link, Singapore 596224

USA office: 27 Warren Street, Suite 401-402, Hackensack, NJ 07601

UK office: 57 Shelton Street, Covent Garden, London WC2H 9HE

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

THE TIMOR-LESTE/AUSTRALIA CONCILIATION
A Victory for UNCLOS and Peaceful Settlement of Disputes

First published 2019

All rights reserved.

ISBN 978-981-120-270-4

Printed in Singapore

Contents

S Jayakumar

Hao Duy Phan

Robert Beckman

Tommy Koh

Hao Duy Phan

Tara Davenport

Agio Pereira

Gary Quinlan

Lucy Reed

Acknowledgements

This book emerged out of many conversations between the editors and Professor Tommy Koh, Chairman of the Governing Board of the Centre for International Law (CIL) at the National University of Singapore. Professor Tommy Koh first brought up the idea of dedicating a book on the maritime boundary conciliation proceedings between Timor-Leste and Australia under the 1982 United Nations Convention on the Law of the Sea and persuaded us to be the editors of the book. For that, we are immensely grateful. We also thank Professor Lucy Reed, CIL Director, for her extensive support and encouragement in this venture.

We are extremely appreciative that representatives from Timor-Leste and Australia, and their teams, agreed to participate in the project and offered their important insights into the conciliation proceedings. Mr Agio Pereira, Minister of State and of the Presidency of the Council of Ministers and Agent for Timor-Leste in the compulsory conciliation, wrote the chapter on Perspective of Timor-Leste. Mr Gary Quinlan AO, Ambassador of Australia to Indonesia and Agent for Australia in the compulsory proceedings, wrote the chapter on Perspective of Australia.

We would like to convey our gratitude to all other authors that participated in this project. Professor S Jayakumar, Chairman of the International Advisory Panel of CIL contributed the chapter on Compulsory Dispute Settlement and Conciliation under UNCLOS. Professor Tommy Koh authored the chapter on The Conciliation Commissions Decision on Competence. Professor Lucy Reed is the author of the concluding chapter.

We are incredibly thankful to our colleagues at CIL, Ms Christine Sim and Ms Rachel Tan, for their invaluable substantive assistance.

We are also extremely grateful to our in-house editor, Ms Soh Gek Han, for her excellent editing work and her careful attention to details.

We thank the Permanent Court of Arbitration for granting us the permission to reprint the maps and images of the proceedings in this book.

Finally, we wish to thank the publisher, World Scientific Publishing, for working with us on this project. We especially thank Ms Kim Tan for her professionalism and efficiency in guiding us through the publication and production process.

The Conciliation Commission (top to bottom row, left to right): Professor Donald McRae, Judge Rdiger Wolfrum, Judge Abdul G Koroma, HE Ambassador Peter Takse-Jensen (Chairman) and Dr Rosalie Balkin

(Photo: The Government of Timor-Leste)

The Conciliation Commission and the parties

(Photo: The Government of Timor-Leste)

Representatives of the parties (left to right): Sir Daniel Bethlehem, Mr John Reid, Ambassador Gary Quinlan, Minister Agio Pereira, Mr Steven Webb and Sir Michael Wood

(Photo: The Permanent Court of Abitration)

Representatives of the parties and the Permanent Court of Arbitration (left to right): Sir Daniel Bethlehem, Ambassador Gary Quinlan, Mr Garth Schofield, Mr Steven Webb and Mr Martin Doe

(Photo: The Permanent Court of Arbitration)

Two lead negotiators, Ambassador Gary Quinlan (left) and Minister Kay Rala Xanana Gusmo (right) after the conclusion of the conciliation

(Photo: The Government of Australia)

Mr John Reid PSM and Minister Agio Pereira initialled the Treaty on 13 October 2017

(Photo: The Government of Timor-Leste)

Minister Agio Pereira and Foreign Minister Julie Bishop MP signed the Treaty on 6 March 2018 in the presence of the UN Secretary-General Antnio Guterres (back row, centre), the Conciliation Commission Chairman Ambassador Peter Takse-Jensen (back row, right) and the UN Under-Secretary-General for Legal Affairs and Legal Counsel Miguel de Serpa Soares (back row, left)

(Photo: The Government of Timor-Leste)

About the Editors

Hao Duy Phan is a Senior Research Fellow at the Centre for International Law. He is the author of many books and articles on various issues of international law. Prior to joining CIL, he was a legal expert at the Department of International Law and Treaties, Ministry of Foreign Affairs of Vietnam, and a visiting research fellow at the East-West Center in Washington DC and the Institute of Southeast Asian Studies in Singapore. Hao Duy Phan received a BA from the Institute for International Relations of Vietnam, an LLM from the University of Notre Dame Law School (summa cum laude) and an SJD from the American University Washington College of Law.

Tara Davenport is currently an instructor at the Faculty of Law, National University of Singapore (NUS) and a Research Fellow at the Centre for International Law at NUS. She has an LLB from the London School of Economics, an LLM in Maritime Law from NUS, and an LLM and a JSD from Yale Law School. She received the NUS Overseas Graduate Scholarship in 2014 and a Fulbright Scholarship in 2013. She is a qualified Advocate and Solicitor in Singapore. Her current research interests are public international law, law of the sea and international dispute settlement.

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