The Attorney-General Daryl Williams and the Minister for Foreign
Affairs Alexander Downer today announced changes to the terms upon
which Australia accepts international dispute resolution mechanisms,
particularly as they apply to maritime boundaries.
These changes relate particularly to the International Court of
Justice (ICJ) and to dispute settlement under the 1982 United Nations
Convention on the Law of the Sea (UNCLOS).
Australia has lodged a declaration accepting the ICJ and the International
Tribunal for the Law of the Sea as venues for compulsory dispute
settlement under the Law of the Sea Convention. Australia was an
original party to the Convention and ratified it in 1994.
Australia remains one of only 61 countries out of the United Nations'
189 members that accept the compulsory jurisdiction of the ICJ.
Of those, the majority have made various types of reservations to
their acceptance of the Court's jurisdiction.
Under the Convention, Australia may choose the dispute resolution
bodies it prefers and whether to exclude certain areas, such as
maritime delimitation, from compulsory dispute resolution.
Australia has made a declaration excluding the setting of maritime
boundaries from compulsory dispute resolution. Australia's strong
view is that any maritime boundary dispute is best settled by negotiation
rather than litigation.
Australia's maritime zones abut the maritime zones of Indonesia,
New Zealand, Papua New Guinea, the Solomon Islands, France (New
Caledonia, Kerguelen Island and Antarctica), East Timor and Norway.
Australia is yet to resolve boundaries with France, New Zealand
and Norway in the maritime area adjacent to Antarctica. Australia
has negotiated treaties on permanent maritime boundaries with Indonesia,
Papua New Guinea, the Solomon Islands and France (New Caledonia
and Kerguelen Island). Negotiations are ongoing with New Zealand.
Australia has also amended its acceptance of the jurisdiction of
the ICJ under the so-called 'optional clause' of the ICJ Statute.
Under the changes announced today, Australia will continue to accept
the jurisdiction of the Court, subject to the following exceptions:
