The Timor Gap Treaty

Abstract

1. On 11 December 1989, the Indonesian Minister for Foreign Affairs and the Australian Minister for Foreign Affairs and Trade signed a treaty of historic significance regarding the mutual understanding to establish a Zone of Cooperation to explore and exploit the resources in the overlapping area claimed by Indonesia and Australia known as the Timor Gap. To add symbolism to the agreement, the signing ceremony of the Treaty took place on board an aircraft flying over the designated Zone of Cooperation at Timor Sea. 2. The content of the treaty and its annexes provide a glimpse of the complexities of the agreement. This paper discusses the provisions of the Timor Gap Treaty and provides a brief analysis on whether entering into a provisional arrangement pursuant to Article 83 of the UNCLOS by establishing a joint development mechanism in the overlapping area may accelerate maritime boundary negotiations.