Normative Evaluation of Timor-Leste’s Maritime Legal Framework under UNCLOS 1982: The 2018 Maritime Boundary Treaty with Australia

Despite the adoption of bilateral maritime arrangements, the delimitation of maritime boundaries between Timor-Leste and Australia raises continuing legal questions concerning the application of international maritime law. In particular, the extent to which Timor-Leste’s maritime legal framework aligns with the principles and provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) requires further normative assessment. This study examines the principles of UNCLOS 1982 relevant to resolving the maritime boundary dispute between Timor-Leste and Australia and evaluates the implications of assessing Timor-Leste’s maritime legal framework. The research employs a descriptive normative legal method focusing on legal synchronization. The findings indicate that the relevant UNCLOS principles concern the delimitation of maritime zones, including the territorial sea, Exclusive Economic Zone (EEZ), and continental shelf, as well as dispute settlement mechanisms under Article 287, which provide for peaceful resolution through negotiation, arbitration, or adjudication before the International Court of Justice (ICJ), subject to applicable jurisdictional requirements. The normative evaluation may strengthen Timor-Leste’s bargaining position by identifying alleged inconsistencies between previous maritime agreements and UNCLOS 1982, particularly Article 51 concerning sovereignty and the rights of developing countries. Furthermore, the assessment may support Timor-Leste’s pursuit of international dispute settlement mechanisms, including the ICJ and the International Tribunal for the Law of the Sea (ITLOS), although diplomatic resolution remains the predominant approach.