Karya Ilmiah
TESIS (2630) - Perjanjian Sunrise 2006 Antara Timor Leste dan Australia (Treaty on Certain Maritime Arrangements in The Timor SEA-CMATS) Untuk Tercapainya Keadilan Bagi Timor Leste
In 2006, Australia and Timor Leste have agreed on treaty CMATS as a
provisional arrangement in regards to resources management in Greater Sunrise
field. However, 6 years later a former agent of Australian Secret Intelligece
Services provided some information to the government of Timor Leste that
Australia has intercepted the internal discussion of CMATS negotiation in 2004.
Espionage in the CMATS negotiation deemed as a form of violation to the
obligation of good faith principle, according to UN Convention on the Law of the
Sea and Vienna Convention on the Law of Treaties 1969. The aim of this article is
to analyze interception as a breach to the duty of performing good faith principle
in the negotiation process and basis for the arrangement invalidity. Espionage as a
form of deceitful proceedings can be assumed as an element of fraudulent conduct
which drivers from fraud under article 49 of VCLT. Establishment of permanent
maritime boundaries can be applied as a solution for both countries to achieve
legal assurance for disputed resource fields management as well as using the third
party as solution to Timor Sea dispute resolution.
Keywords: CMATS, Greater Sunrise, Espionage, Good Faith Principle, Timor
Sea.
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