The permanent maritime boundary treaty: A pathway to the right to development for Timor-Leste and its people

Pereira De Araujo, Ana

Abstract

In 2018, Australia and the Democratic Republic of Timor-Leste signed a treaty establishing their maritime boundaries in the Timor Sea (2018 Treaty). This research aims to investigate whether the provisions outlined in the 2018 Treaty will contribute to the realisation of the Right to Development (RtD) of Timor-Leste and its people. To achieve this aim, the study adopts a doctrinal approach and a socio-legal methodology to conduct a comprehensive examination and analysis of the previous and the current Joint Development Agreements in the Timor Sea through the lens of the RtD – something that has not previously been attempted.
The thesis reveals that, while the primary objective of the 2018 Treaty may not have been to achieve the elements of RtD, it incorporates the essential criteria for realising the RtD within Timor-Leste and, thus, has the potential to contribute to the realisation of the RtD of Timor-Leste and its people. The potential solutions offered by this research are: investing in human capital, creating and investing in new institutions, improving community engagement through public participation, involving indigenous peoples in decision-making, improving private sector engagement, and formulating a local content law. These are incremental measures that can be undertaken to address the challenges and barriers outlined in this thesis. It is important to acknowledge that the potential solutions proposed in this study do not comprehensively address the broader economic, social, and political challenges faced by Timor-Leste. Nonetheless, they represent small but significant steps that can be taken to address specific barriers and obstacles identified. It is recommended that further research be conducted in this field to explore additional potential avenues for realising the RtD of Timor-Leste and its people, considering the evolving nature of international agreements.

• Thesis Type: Thesis
• Deposit Date: Apr 15, 2024
• Publicly Available Date: Mar 18, 2025
• Public URL: https://uwe-repository.worktribe.com/output/11897638
• Award Date: Mar 18, 2025