INTERNATIONAL COMMISSION OF JURISTS AUSTRALIA- in association with THE INTERNATIONAL
LAW ASSOCIATION
COLLOQUIUM - DRAFT OUTLINE PROGRAM
SUBJECT:
Date:
Time:
Venue:
MARITIME BOUNDARIES IN THE TIMOR SEA- Applying the law to the
borders of Australia, Indonesia and Timor-Leste
Saturday, 16 August 2014
8.30am – 4.00pm
UNSW Kensington
We are intending to explore the issues which surround the current debate about maritime boundaries in the
Timor Sea. The public discussion has focused on the process of legal contests between Australia and TimorLeste but the underlying issues are complex and not susceptible of easy solutions. For example, nobody is
suggesting that the cases before the International Court of Justice or the arbitration proceedings in London
will provide any permanent solutions to boundary claims by Timor-Leste.
Experienced speakers will provide an insight into the relevant issues which will apply in the setting of
boundaries between the three nations involved:
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relevant legal principles
relevant government policy and practice
relevant case examples and concluded diplomatic agreements
international dispute settlement framework
Draft Outline
Setting Maritime boundaries in Timor Sea
Saturday 16 August 2014
9.30am Welcome and Introduction
Chair:
9.40am
Topic 1:
The Hon John Dowd AO QC, President ICJ Australia, Chairman, International Commission
of Jurists Australian section;
The Law of the Sea and Maritme Boundary Delimitation
The law of the sea with respect to maritime boundary delimitation has been in a state of evolution over the
past 100 years. First with narrow Territorial Sea boundaries, and then subsequently with broader
boundaries dealing with the Continental Shelf the law has evolved through the 1958 Geneva Conventions on
the Law of the Sea to the 1982 UN Convention on the Law of the Sea, during which time the jurisprudence of
international courts and tribunals has had had a significant impact upon the interpretation of the law and
relevant state practice. This paper will review the development of the law of maritime boundary
delimitation with particular reference to current state practice and the decisions of the International Court
of Justice and International Tribunal for the Law of the Sea. It will provide context to an understanding as to
how maritime boundaries have been settled to date between Australia/Indonesia/Timor-Leste and how
they could be settled in the future
Speaker:
Professor Donald R. Rothwell, Professor of International Law, Australian National
University
Donald R Rothwell is Professor of International Law, and Head of School at the ANU College of Law,
Australian National University where he has taught since July 2006. His research has a specific focus on law
of the sea, law of the polar regions, and implementation of international law within Australia as reflected in
over 160 articles, book chapters and notes in international and Australian publications. Rothwell has
authored, co-authored or edited 17 books including most recently Law of the Sea (Edward Elgar, 2013)
10.40am Morning tea
11am
Chair: Steve Mark, Chairman, Executive Committee, ICJ Australian
Topic 2: to be advised
Speaker:
Professor Clive Schofield, University of Wollongong
Professor Clive Schofield is the Director of Research and ARC Future Fellow at ANCORS. He is a political
geographer specialising in international boundaries and particularly maritime boundary delimitation. He
holds a PhD in Geography from the University of Durham, UK and also holds an LLM in international law
from the University of British Columbia. The central theme of his research can be summarised as the
examination of the intersection of geographical/technical, legal and political disciplines in the law of the sea
with particular reference to maritime boundary delimitation.
12 noon
Chair: Dr Keith Suter, Chair, ICJ Australian Section, NSW division
Topic 3: Historical development of maritime boundary/arrangements in the Timor Sea involving
Indonesia, Australia, Timor Leste/Portugal.
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Geospatial visualization of the development.
Consequences of non-coincident EEZ and seabed boundaries between Indonesia and Australia in
the Timor Sea.
Future boundary delimitation between Indonesia and Timor Leste in the Timor Sea (legal and
Geospatial perspective)
latest developments of how Indonesia deals with its neighbours on maritime boundaries.
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Speaker: Dr I Made Andi Arsana , Yogyakarta
Background :
 Lecturer at the Department of Geodetic and Geomatic Engineering, Universitas Gadjah Mada,
Indonesia
 PhD, Law, Australian National Centre for Ocean Resources and Security (ANCORS), University of
Wollongong, Australia, 2008 – 2013. Thesis: Challenges and Opportunities in the Delimitation of
Indonesia’s Maritime Boundaries: A Legal and Technical Approach
 Master, Surveying and SIS, University of New South Wales, Australia, January 2004 – March 2006
Thesis : Critical Study on Technical Aspects of Maritime Boundary Delimitation: A Case Study on
the Maritime Boundary Delimitation between Indonesia and Timor Leste
1.00pm
Lunch
1.50pm
Chair: Rodney Lewis, convenor, ICJ colloquium working group
Topic 4: The Timor Sea – a contentious marine environment
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the continuing role (if any) of the continental shelf doctrine;
the median line/EEZ delimitation, and
the position regarding the lateral lines;
relevant developments since 2002
Speaker:
Dr Chris Ward, Barrister
Dr Christopher Ward is a barrister based in Sydney with an extensive specialist practise in public
international law. His practise has involved many contentious cases in fields including maritime boundaries
and human rights. He was the co-author of the Petrotimor Opinion on East Timor’s maritime boundaries. He
is an Adjunct Professor at the Australian National University and is the President of the International Law
Association (Australian Branch).
2.50 PM
PLENARY SESSION
4.00 pm
Close