Case Concerning East Timor (Portugal v. Australia)

Abstract

Human rights — Self-determination — Status of right to self-determination under modern international law — Right erga omnes — Implications for other States — Non-self-governing territories — East Timor — Military intervention by Indonesia in 1975 — Subsequent annexation — Recognition by Australia — Whether violating right of self-determination — Status of Portugal as administering Power of East Timor — Whether surviving twenty years after end of Portuguese control of territory

International Court of Justice — Admissibility of application — Dispute — Definition — Whether “real dispute” between Claimant State and third party — Application affecting third States — Monetary Gold principle — Scope of principle — Court may not rule upon application if rights and interests of third State form subject-matter of dispute — Application by Portugal against Australia regarding Australian dealings with Indonesia concerning East Timor — Court lacking jurisdiction over Indonesia — Whether Court would be required to rule upon rights and interests of Indonesia

International Court of Justice — Procedure — Objections to jurisdiction and admissibility — Objections inextricably linked to merits — Agreement to consider preliminary objections in framework of the merits

International organizations — United Nations — Security Council — Resolutions — Resolutions on East Timor upholding right of self-determination — Legal effect — General Assembly — Resolutions — Resolutions on self-determination in East Timor — Legal effect — Characterization of East Timor as a non-self-governing territory

Sea — Continental shelf — Agreement between opposite States — Australia and Indonesia — Timor Gap — Whether Australia entitled to conclude treaty with Indonesia on continental shelf between East Timor and Australia

Territory — Self-determination — Nature and scope of right of self-determination — Application to East Timor — Administering Power — Portugal — Whether still recognized as administering Power — Whether entitled to bring claim on behalf of East Timor