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    Timor-Leste v. Australia

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    lorielle may arante
    Timor-Leste instituted proceedings against Australia regarding the seizure of documents and data by Australian agents that belonged to Timor-Leste or that Timor-Leste had a right to protect. Timor-Leste requested the indication of provisional measures and the return of the seized materials. Australia opposed Timor-Leste's requests and argued the court should refuse provisional measures and stay proceedings until arbitration was complete. However, the court found it had prima facie jurisdiction based on declarations made by both countries, and could entertain Timor-Leste's request for provisional measures.

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    Timor-Leste v. Australia

    Uploaded by

    lorielle may arante
    34 views1 page
    Timor-Leste instituted proceedings against Australia regarding the seizure of documents and data by Australian agents that belonged to Timor-Leste or that Timor-Leste had a right to protect. Timor-Leste requested the indication of provisional measures and the return of the seized materials. Australia opposed Timor-Leste's requests and argued the court should refuse provisional measures and stay proceedings until arbitration was complete. However, the court found it had prima facie jurisdiction based on declarations made by both countries, and could entertain Timor-Leste's request for provisional measures.

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    Timor-Leste instituted proceedings against Australia regarding the seizure of documents and data by Australian agents that belonged to Timor-Leste or that Timor-Leste had a right to protect. Timor-Leste requested the indication of provisional measures and the return of the seized materials. Australia opposed Timor-Leste's requests and argued the court should refuse provisional measures and stay proceedings until arbitration was complete. However, the court found it had prima facie jurisdiction based on declarations made by both countries, and could entertain Timor-Leste's request for provisional measures.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views1 page

    Timor-Leste v. Australia

    Uploaded by

    lorielle may arante
    Timor-Leste instituted proceedings against Australia regarding the seizure of documents and data by Australian agents that belonged to Timor-Leste or that Timor-Leste had a right to protect. Timor-Leste requested the indication of provisional measures and the return of the seized materials. Australia opposed Timor-Leste's requests and argued the court should refuse provisional measures and stay proceedings until arbitration was complete. However, the court found it had prima facie jurisdiction based on declarations made by both countries, and could entertain Timor-Leste's request for provisional measures.

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    © All Rights Reserved
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    of 1

    Seizure and Detention of Certain Documents and Data

    (Timor-Leste v. Australia)

    Facts:

    December 2013 Timor-Leste instituted proceedings against Australia with regard


    to the seizure and subsequent detention “by Agents of Australia of documents,
    data and other property which belongs to Timor-Leste and/or which Timor-Leste
    has the right to protect under international law”. Timor-Leste claimed that the
    items seized include documents and data containing correspondence between
    the Government of Timor-Leste and its legal advisers relating to a pending
    arbitration under the 2002 Timor Sea Treaty between Timor-Leste and Australia
    (Arbitration under the Timor Sea Treaty of 20 May 2002) 

    Timor-Leste bases the jurisdiction of the Court on the declaration it made on 21


    September 2012 under Article 36, paragraph 2, of the Statute, and on the
    declaration Australia made on 22 March 2002 under the same provision.
    December 2013, Timor-Leste also submitted a request for the indication of
    provisional measures, pursuant to Article 41 of the Statute of the Court and
    Articles 73 to 75 of the Rules of Court. Timor-Leste further requested to deliver,
    seal every document filed and seized by Australia.Australia however opposed of
    such in the hearings of the proceeding stating: Australia requests the Court to
    refuse the request for the indication of provisional measures submitted by the
    Democratic Republic of Timor-Leste and that Australia further requests the Court
    stay the proceedings until the Arbitral Tribunal has rendered its judgment in the
    Arbitration under the Timor Sea Treaty.

    Issue:

    Whether or not Australia’s opposition to the Jurisdiction pursuant to the


    Declaration provided by Timor-Leste was proper

    Ruling:

    No, The Court considers that the declarations made by both Parties under
    Article 36, paragraph 2, of the Statute appear, prima facie, to afford a basis on
    which it might have jurisdiction to rule on the merits of the case. The Court thus
    finds that it may entertain the request for the indication of provisional measures
    submitted to it by Timor-Leste.

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