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Timor Gap: The Legality of the "Treaty on the Zone of Cooperation in an Area between the Indonesian Province of East Timor and Northern Australia"
Endonezya'nın 1975 yılında adayı ilhak etmesi, Doğu Timor sorununun yapısal sebeplerinin incelenmesini gerekli hale getirmiştir. Bu bağlamda Doğu Timor sorununun yapısal sebeplerinden olan tarihsel süreç, Portekiz'de meydana gelen darbe ile daha etkili bir aktör haline gelmiştir. Endonezya, Doğu Timor'un coğrafi olarak kendisinin parçası olduğunu dile getirmiş ve ilhakı bu sebebe dayandırarak meşrulaştırmaya çalışmıştır. Doğu Timor ilhakının krize dönüşmesine yol açan bir diğer yapısal sebep ise bölge devletleri arasındaki ekonomik menfaat yarışıdır. Doğu Timor'un zengin doğal kaynaklara sahip olması bölge ülkelerinin iştahını kabartmıştır. Endonezya'nın ilhak döneminde yaklaşık 250.000 kişi hayatını kaybetmiştir. Uluslararası toplumun sürece müdahalede gecikmesi, kayıpların artmasına neden olmuştur. Soğuk Savaş Sonrasında uluslararası toplumun soruna daha yakından ilgi göstermesiyle, Birleşmiş Milletler sürece dâhil olmuştur. Böy-lece bağımsız Doğu Timor Devleti'nin temelleri inşa edilmiştir. Doğu Timor Devleti bağımsızlığına 2002 yılının Mayıs ayında kavuşmuştur. Çatışmanın dönüştürülme sürecinde BM kurumlarının koordinasyon eksikliği, yeni kuru-lan Doğu Timor devletini parçalanmanın eşiğine getirmiştir. Buradan hareke-tle çalışmanın amacı, sorunun tarihsel sürecinden yola çıkarak, çatışmanın yapısal sebeplerini ortaya koyarak; sürecin çatışma yönetimi dâhilinde an-alizini yapmaktır. Bununla birlikte bu çalışma, Doğu Timor Sorunu'nun; Endonezya'nın ilhak ve BM'nin bölgede devlet inşa etme süreci olmak üzere iki ayrı dönemini tanıtmayı amaçlamaktadır. Anahtar kelimeler: Çatışma, Çatışmanın Dönüştürülmesi, Doğu Timor So-runu, Birleşmiş Milletler, İnsan Hakları. Abstract Indonesian annexation on the island in 1975 made it necessary to examine the structural causes of the problem of East Timor. In this context, the historical process of the structural causes of the problem of East Timor became an effective actor with the coup took place in Portugal. Indonesia expressed that East Timor is geographically part of its own and tried to justify the annexa
The Timor Gap Treaty on oil and gas management cooperation in some parts of the Timor Sea was full of political intrigues between Australia and Republic of Indonesia, since the treaty which comprises three areas of cooperation was detrimental to Indonesia and it indicated the highest influence of Indonesian Republic by Australia. Renunciation of the treaty due to the independence of Timor Leste after a referendum resulted in the issue of maritime delimitation between Timor Leste and Indonesia. Nevertheless in fact in 2002 the new state declared maritime expansion to a distance of 100 nautical miles measured from the former Timor Gap lines. The result of the expansion was that it potentially reached to Indonesian oil and gas fields located in the west and east of the lines. Apparently the unilateral expansion conducted by the country which from 1975 until 1999 was the 27th province of Indonesian Republic motivated both states to accelerate maritime delimitation aimed at achieving equitable solution. Although some points existing in border territory have not been agreed yet, the disagreement did not hamper the two states to conduct any negotiations regarding maritime delimitation, mainly delimitation of exclusive economic zone on the basis of the international law rules aimed at achieving equitable solution. This article is designed to examine the substance of Timor Gap Treaty and other issues relating to it, such as the maritime expansion and implementation of the equitable solution principle in maritime delimitation between the two states after the Timor Gap Treaty.
This article explores the process of agency and empowerment through a case study of a group of young East Timorese asylum seekers who arrived in Australia during the 1990s. Using Bourdieu's concept of habitus and his theory of practice, the article considers how the asylum seekers dealt with the challenges of exile and adjusted to Australian society. In addition to the difficulties asylum seekers normally face in exile, such as limited financial and social support and coping with trauma and loss, the East Timorese who arrived during the 1990s faced particular challenges due to the Australian Government's treatment of their cases. The article argues that, despite their vulnerable and liminal position, the asylum seekers were not just passive victims. On the contrary, they were active agents who through practice, consciously or unconsciously, dealt with their liminal situation. Their power to act was positively affected by their young age upon arrival.
The Treaty of Timor Gap provides for a specific procedure of transboundary environmental impact assessment (EIA). However, the lack of consistency and coordination in implementing EIA, has reduced its effectiveness. Comparative studies of four EIA systems (including the Espoo convention) indicate their strengths and weaknesses in comparison with the Timor Gap process. Although there were clear procedures for EIA in Indonesia and Australia, incorporation of both systems into a transboundary EIA was not simple. Particular stages of the Timor Gap EIA system were inadequately implemented and the system needs to be improved. Lessons from the Timor Gap EIA will add knowledge about implementing transboundary EIA and are important for the future formulation of environmental regulations in the newly independent East Timor.
East Timor faces severe limitations in its efforts to realize legal and material justice and to overcome the horrific violence associated with Indonesia's invasion and almost twenty-four-year occupation. Since the Indonesian military's withdrawal in October 1999, the now-independent country has struggled to realize legal and material justice for the war crimes and crimes against humanity committed from 1975 to 1999 and to overcome the deprivation and dispossession associated with Indonesia's invasion and occupation. In relation to these efforts, this article examines two case studies. The first is East Timor's effort to secure legal and financial restitution for damages associated with Indonesia's actions. The second involves a disagreement with Australia over oil and natural gas deposits in a shared seabed and the effort to ensure an international-law-informed resolution of the conflict. In both cases, East Timor has fallen far short of its goals.
The ongoing struggle between East Timor and Australia over access to and control of the oil and natural gas resources contained within the seabed between the two countries is manifest in the form of contested boundaries. Each side attempts to buttress its claim through, among other means, competing cartographic representations. In examining this case study, this article asserts that what has come to be known as countermapping is not limited to the activities of nonstate actors and social movements that are struggling over resources and territory within a particular nation-state. Relatively weak states also can and do engage in such activities in challenging other states. Given the nature of power relations within the realm of international affairs and the weakness of international judicial mechanisms, however, countermapping as a resource-claiming device and tactic of relatively marginal states can be only one tool in a larger strategy that resists and/or challenges the status quo. The results of the strategy are thus contingent not merely on the authoritativeness of alternative maps and the rightness of the position on which these maps are based, but, what is more important, on the use of social power and the concomitant ability to determine the scope and scales of the conflict, as well as the larger context in which the struggle unfolds. By highlighting the importance of social power, scale, and scope, the case study presented here provides analytical, strategic, and tactical tools for those who are engaged in or are examining countermapping-type struggles of both the social-movement and state sorts.
Despite current United Nations-sponsored negotiations on East Timor between Indonesia and Portugal, there is little prospect
for success given the overwhelming advantages Indonesia enjoys in the struggle for control over the territory. The territorialization
of Indonesian power in East Timor over the last two decades has given Jakarta a level of dominance that has allowed it to
avoid serious negotiations aimed at resolving the conflict. By interrogating social power in conjunction with Knight's (1994)
three key components of statehood (territory, population, and sovereignty) on a variety of geographical scales, however, it
becomes clear that East Timor is a far more contested terrain than it first appears. This paper illustrates that the peace
process can succeed in a manner consistent with international law and human rights only by a strengthening of the forces of
resistance, which necessarily entails the West's altering its relationship of criminal complicity with Indonesia.
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