유엔해양법협약 제5부속서 강제조정절차를 이용한 해양분쟁의 해결과 국제법적 함의*- 동티모르와 호주 간 티모르해 분쟁의 강제조정 사례를 중심으로 -

The aim of this paper is to analyze the compulsory conciliation procedure and the role of the Conciliation Commission under Annex V of the United Nations Convention on the Law of the Sea (hereinafter referred to as the “Convention”), and to delve into the legal implications of the resort to the compulsory conciliation procedure for the resolution of maritime disputes involving both boundary delimitation and the joint development of marine resources. The conciliation case between Timor-Leste and Australia is the first instance where the compulsory conciliation procedure under Annex V of the Convention was utilized, and it is necessary to conduct a thorough analysis from various perspectives, as the cooperative process of the conciliation procedure and the agreement reached on the maritime boundary line and the joint development regime were successful. After the Conciliation Commission adopted its final report, Timor-Leste and Australia signed the Treaty between Australia and the Democratic Republic of Timor-Leste Establishing Their Maritime Boundaries in the Timor Sea (hereinafter referred to as the “Treaty”) on March 6, 2018, which entered into force on August 30, 2019, upon the exchange of instruments of ratification by both countries. This treaty is recognized as having brought to an end the over 40-year-long dispute between Timor-Leste and Australia over the maritime resources and maritime boundary in the Timor Sea, thereby opening a new chapter in bilateral relations. The decisive factor in peaceful settlement of the long-standing dispute over the maritime boundary and joint development of the Timor Sea and enabling the conclusion of a permanent maritime boundary treaty was Timor-Leste's referral of the Timor Sea disputes with Australia to the compulsory conciliation procedure under Annex 5 of the Agreement. The disputing parties took the initiative in the conciliation process, and the Conciliation Commission presents a compromise solution that does not prejudice the legal positions of the disputing parties regarding the maritime dispute, and thereby played a decisive role in enabling the two countries to successfully reach a maritime boundary agreement and joint development regime based on international law. This paper first examines the background of the Timor Sea dispute and the various international agreements and treaties concluded regarding the joint development in the Timor Sea. The maritime dispute has a long and complex historical background, and to accurately understand the dispute, it is necessary to examine the historical background surrounding the colonial rule and military occupation over Timor-Leste, as well as the course of international litigation related to these issues. Next, it is necessary to examine the background and process by which Timor-Leste initiated international litigation and invoked the compulsory conciliation procedure under Part V of the Convention to rectify the unfavourable agreements concluded regarding the maritime resources of the Timor Sea during the period when Timor-Leste was under Indonesia's military occupation and following its independence. Additionally, this paper will examine the legal issues regarding the scope of authority and role of the compulsory conciliation commission between Timor-Leste and Australia, as well as the legal determinations of the compulsory conciliation commission on these issues. Based on this analysis, the international legal implications of the compulsory conciliation procedure under Annex 5 of the Convention for resolving complex disputes related to maritime boundary delimitation and joint development will be analyzed.