National Parliament Resolution No. 01/2017 on the Treaty between the Government of the Democratic Republic of Timor-Leste and the Government of Australia on specific maritime adjustments in the Sea of Timor and Transitional Agreement regarding the validity of the Timor Sea Treaty/TST.
Country
Type of law
Legislation
Abstract
Given that Timor-Leste and Australia are engaged in negotiating permanent maritime borders under the auspices of the Commission for Conciliation, created on 25 June 2016, and that as a transitional measure it is appropriate to agree with Australia to continue on the basis of the Timor Sea Treaty (TST) between the Government of Timor-Leste and the Government of Australia in its original and unmodified form, and to report the dispute on the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS), providing for the equal distribution of revenue derived from the disputed Greater Sunrise oil and gas field between Australia and Timor-Leste.
The National Parliament approves, on proposal of the Government, in accordance with paragraph f) of No. 3 of article 95 of the Constitution of the Republic, the following. Without prejudice to the respective positions of Timor-Leste and Australia as to their legal validity and effect, this Resolution unilaterally denounces the Treaty between the Government of the Democratic Republic of Timor-Leste and the Government of Australia on the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS), under the terms of paragraph 2 of article 12, with notification of denunciation on 10 January 2017, enforced on 10 April 2017, three months after the date of notification. That following the termination of CMATS, the Timor Sea Treaty should remain in its original form (ie before the amendment introduced by CMATS) as a transitional agreement until the definitive delimitation of the maritime borders with Australia. That after the termination of CMATS, paragraphs 3 and 4 of Article 12 of the CMATS, as well as any other provisions of the same Treaty, including Article 4, cease to have legal effects.
The National Parliament approves, on proposal of the Government, in accordance with paragraph f) of No. 3 of article 95 of the Constitution of the Republic, the following. Without prejudice to the respective positions of Timor-Leste and Australia as to their legal validity and effect, this Resolution unilaterally denounces the Treaty between the Government of the Democratic Republic of Timor-Leste and the Government of Australia on the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS), under the terms of paragraph 2 of article 12, with notification of denunciation on 10 January 2017, enforced on 10 April 2017, three months after the date of notification. That following the termination of CMATS, the Timor Sea Treaty should remain in its original form (ie before the amendment introduced by CMATS) as a transitional agreement until the definitive delimitation of the maritime borders with Australia. That after the termination of CMATS, paragraphs 3 and 4 of Article 12 of the CMATS, as well as any other provisions of the same Treaty, including Article 4, cease to have legal effects.
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Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Resolução do Parlamento Nacional n. 01/2017 de 16 de Janeiro - Denúncia do Tratado entre o Governo da República Democrática de Timor-Leste e o Governo da Austrália sobre Determinados Ajustes Marítimos no Mar de Timor e Acordo Transitório quanto à vigência do Tratado do Mar de Timor.
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