On 19 September 2016, the Conciliation Commission constituted to determine Timor-Leste’s application for compulsory conciliation in relation to its maritime boundary with Australia issued its Decision on Competence.
The Conciliation Commission held that it was competent to continue with the conciliation process and that there were no issues of admissibility or comity that precluded the Commission from doing so. It determined that the 12-month time frame for the conciliation process should run from the date of its Decision on Competence.
A compulsory conciliation under UNCLOS may be initiated where a State has exercised its right to exclude maritime boundary disputes from compulsory arbitration and judicial settlement. Australia exercised this right by way of a declaration made on 22 March 2002.
Timor-Leste began the conciliation proceeding on 11 April 2016 by way of a “Notification Instituting Conciliation under Section 2 of Annex V of UNCLOS”. On 2 May 2016, Australia submitted its “Response to the Notice of Conciliation”, contesting the competence of the Conciliation Commission. Following further written submissions, the Conciliation Commission convened a Hearing on Competence from 29 to 31 August 2016.
For the PCA press release, click here; for the Decision on Competence, click here