Portugal brings a case against Australia

OF JUSTICE

Palace, 2517 KJThe Hague. Tel.-392 4441)
.Cables: Intercourt, The Hague.

Telefax (07-36499 28).Tele32 23. Communiqué

unofficial
for imrnediate release

No. 91/6
22 February1991

Portuizalrinasa case apainstAustralia

The following informationis comrnunicateto the Press bythe
Registryof the International Cour of Justice:

Today,22 February 1991, the Governmentof the Portuguese Republic
filedin the Registry of the Courtan Applicationinstituting proceedings
against the Commonwealthof Australiain a dispute concerning "certain
activitiesof Australiiwiith respect to East Timor".

In its Application Portugal refer isn,orderto establish the basis
of the Court's jurisdiction,to the Declarationmsade by the two States
underArticle36, paragraph2, of the Statuteof the Court.

It claimsthatAustralia,by negotiating, with Indonesia,an
"agreement relatint go the exploratioand exploitation of the
continentalshelf inthe areaof the 'TimorGap"',signedon
11 December1989,by the"ratification and the initiation of the
performance" of that agreement,by the "relatedinternal legislation" by
the "negotiationof the delimitationof that shelf",as also by the
"exclusionof any negotiation on thosematterswith Portugal",has caused
"particularly seriousllegaland moral damageto the peopleof East Timor
and to Portugal, which willbecomematerialdamagealso if the
exploitation of hydrocarbon resourcebegins".

Withoutprejudiceto such argumentsof fact and law and to such
evidenceas may be subniitteidn due course,and likewisewithout
prejudiceto the rightto supplementand amend its submissions, Portugal

requests theCourt:

"(1) Toadjudgeand declarethat, firstly, the right of
the peopleof East:Timor to self-determinationt,o territorial
integrityand unit:y(as definedin paragraphs5 and 6of the
present Applicationa)nd topermanent sovereignt yverits
wealthand natural resources and, secondly, the duties, powers
and rightsof Portugalas the power administering the territory
of East Timor are opposableto Australia,which is under an
obligationnot to disregard them, butto respect them.

(2) To adjudgeand declarethatAustralia,inasmuchas in

the first placeit has negotiated, concluded anbegun to carry
out the agreement referretdo in paragraph18 of the statement
of facts,has taken internal legislative measures for the
application thereof ,nd is continuingto negotiate,with the
Stateparty to that agreement,the delimitationof the
continentalshelf inthe areaof the "TimorGap"; and inasmuch
it has furthermoreexcludedany negotiationwith the
administering powewrith respectto the explorationand exploitationof the continental shelf in that same area and,
finally,inasmuchas it contemplates explorina gnd exploiting
the subsoilof the sea in the "Timor Gap"on the basis of a
plurilateral title to which Portugalis not a party (eachof
these facts sufficing on its own):

(a) has infringedand is infringingthe rightof the peopleof
East Timor toself-determination, to territorial integrity
and unityand its permanent sovereignty over its natural
wealth and resources,and is in breachof the obligation not

to disregard butto respectthat right,that integrityand
that sovereignty;

(b)has infringedand is infringing the powersof Portugalas the
power administering the Territoryof East Timor, is impeding
the fulfilment of its dutie to the Peopleof East Timor and
to the international community, offending against the right
of Portugalto fulfilits responsibilities and is in breach
of the obligation not to disregard butto respect those
powers and duties and that right;

I_cl is contravening Security Council resolutio 38s and 389 and,

as a consequence, is in breaco hf the obligationto accept
and apply Security Council resolutions la down by
Article 25of the Charterof the United Nations and, more
generally, isin breach of the obligation incumbeno tn Member
States to CO-operatein goo; faithwith the United Nations;

(3) To adjudgeand declarethat, inasmuchas it has excluded
and is excluding any negotiatiow nith Portugalas the power
administeringthe territory of East Timor,with respectto the
explorationand exploitation ofthe continentalshelf inthe area
of the "Timor Gap", Australi has failedand is failingin its

duty to negotiatein order to harmonizethe respective righti sn
the eventof a conflictof rights orof claims over maritime
areas.

(4) To adjudgeand declarethat,by thebreaches indicated in
paragraphs2 and 3 of the present submissions, Australi has
incurred international responsibili and has caused damage, for
which it owes reparationto the peopleof East Timor and to
Portugal, insuch form and manner as may be indicated by the
Court.

(5) To adjudgeand declarethat Australiais bound, in
relationto the peopleof East Timor, to Portugaland to the

international communityt ,o cease from al1 breachesof the rights
and international norms referredto in paragraphs1, 2 and 3 of
the present submissiona snd in particular, until such time as the
people of East Timor shall have exercisedits rightto
self-determination, under the conditionslaid down by the
United Nations:

(a) to refrain from any negotiation, signature or ratificao tion
any agreement with a State otherthan the administering power
concerningthe delimitation,and the explorationand
exploitation,of the continental shelf, or the exerciseof
jurisdiction over that shelf,in the areaof the "TimorGap";

(b) to refrain from any act relatingto theexplorationand

exploitationof the continental shelf in the area of the
"Timor Gap" orto the exerciseof jurisdiction over that
shelf,on the basis of any plurilateral title to which
Portugal, asthe power administeringthe territoryof East
Timor, is not a party."