These radically different and conflicting positions swiftly led to a deadlock
in the negotiations. This being the case, an additional source of angst for East
Timor was the fact that in March 2002, two months prior to East Timorese
independence, Australia withdrew from the jurisdiction of the ICJ and the
International Tribunal on the Law of the Sea (ITLOS) with regard to settling
any dispute over its maritime boundaries.
This move, whilst wholly within Australia’s legitimate rights, appears to have been designed specifically to
frustrate any attempt by the government of East Timor to drag Australia before
the ICJ in The Hague for a final and binding independent decision on the
Timor Sea dispute.
As a result, East Timor has been locked into negotiations
as the only viable route available to reach a settlement, with no prospect of
resorting to third-party dispute resolution, even though the talks had apparently
stalled