The Timor Sea Conciliation (Timore-Leste and Australia)

Neighboring countries Australia (defendant) and Timor-Leste (plaintiff) disputed the delimitation of the permanent maritime boundary between their respective maritime zones in the Timor Sea. Both countries were members of the United Nations Convention on the Law of the Sea (the convention), which provided a mechanism of compulsory conciliation. In 2016, after many failed attempts to resolve the boundary dispute, Timor-Leste initiated the very first compulsory conciliation under the convention. Pursuant to the rules of the convention, a five-member conciliation commission was formed with the purpose of hearing the positions of the parties, examining the merits of each position, and helping to facilitate an amicable settlement. With the assistance of the conciliation commission, the parties were able to reach a comprehensive settlement as to the maritime boundaries of the Timor Sea. Because the convention’s rules required the commission to prepare a report at the conclusion of the conciliation process, the commission took the opportunity to explain how the conciliation progressed and to note the key factors that rendered the amicable settlement possible [Ed.’s note: The report from the commission did not contain a decision or rule of law, because it was reporting on an agreed settlement between the parties. Instead, the report sought to highlight the benefits of engaging in conciliation.]