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Subject: Maritime boundary pact good for NZ
The Dominion Post (Wellington, New Zealand)
August 7, 2004, Saturday
Maritime boundary pact good for NZ
HANK SCHOUTEN
NEW ZEALAND has done very well in its just finished maritime boundary
agreement with Australia, an expert says.
The way the deal was struck contrasted strongly with Australia's hardline
approach to maritime boundary negotiations with East Timor, where control of
huge offshore oilfields is at stake, Dr Clive Schofield, an expert on
international boundaries at the University of New South Wales, said.
New Zealand had gained considerably more than it would have if the boundary
had been set at equal distance between New Zealand and Australian territories,
Dr Schofield said.
The agreement, to be referred to parliaments in Wellington and Canberra
before UN ratification is sought, gives New Zealand and Australia seabed and
mineral rights to thousands of square kilometres of ocean floor on the
continental shelf.
The shelf extends across the Tasman as well as to the northeast and south of
New Zealand.
The agreement provides that both countries and their islands have full 200
nautical mile exclusive economic zones. In a couple of places, where the zones
overlap, a median line was drawn -- although these were already de facto
boundaries that had been observed for decades, he said.
He could see questions being asked in Australia as to how New Zealand got
such a good result. He added that Australia's approach to the highly contentious
maritime boundary with East Timor was thoroughly inconsistent with its approach
to other maritime boundaries.
As expected Australia was "cherry picking" arguments and case law
to support its East Timor claims. It was claiming the fields were on its
continental shelf and using old case law to support that. More recent cases
recognised a country's right to claim 200 miles from is coast regardless of the
seabed geology.
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