Delimitation of maritime boundary in the Bay of Bengal

2021 ◽  
pp. 24-34
Author(s):  
Adluri Subramanyam Raju
2015 ◽  
Vol 28 (4) ◽  
pp. 799-848 ◽  
Author(s):  
MARCIN KAŁDUŃSKI

AbstractThis article considers the law of maritime delimitation as applied by the Arbitral Tribunal in the 2014 Bangladesh v. India case. The dispute concerned the delimitation of the maritime boundary between the two states in the north-eastern part of the Bay of Bengal. The Tribunal's Award covers several important issues which require careful examination, such as the land boundary terminus, the delimitation methodology, the role of objectivity, predictability and transparency in maritime delimitation, and the impact of the established case law on the present delimitation procedures. The commentary analyses the Award from the viewpoint of the law of maritime delimitation and traces how the Tribunal applied and developed the methodology used in maritime delimitation. The key points where the Award advances the law of the sea concern the concavity of the coast as a relevant circumstance and the creation of grey area. The Tribunal made significant pronouncements on the continental shelf, especially, beyond 200 nm. It confirmed the concept of a single continental shelf and reasoned that legal regimes of the EEZ and the continental shelf are independent and separable. However, the creation of another grey area met with strong disagreement from Dr Rao. The author considers the Award and the Dissenting Opinion to argue that the adjustment of the equidistance line raises certain concerns and that the creation of grey area is permissible under UNCLOS.


2015 ◽  
Vol 109 (1) ◽  
pp. 146-154 ◽  
Author(s):  
D. H. Anderson

On July 7, 2014, an ad hoc arbitral tribunal (Tribunal) rendered its award on the dispute between Bangladesh and India concerning the delimitation of their entire maritime boundary in the northern part of the Bay of Bengal. The award established the course of the boundary line in the territorial sea, the exclusive economic zone (EEZ), and the continental shelf within and beyond 200 nautical miles, ending a dispute that had persisted between the neighbors for more than three decades.


Author(s):  
Evans Malcolm D

This chapter provides an overview of maritime boundary delimitation, drawing on its history whilst focusing on points of contemporary relevance. Topics covered include the delimitation of the territorial sea; the ‘equidistance’ or ‘equitable principles’ debate and the 1982 UN Convention on the Law of the Sea (LOSC); the delimitation process; issues concerning the identification of the relevant area, islands, and low-tide elevations; the relevance of economic and jurisdictional issues to the delimitation process; and the 2014 Bay of Bengal Maritime Boundary Arbitration.


2018 ◽  
Vol 2 (1) ◽  
pp. 108-113
Author(s):  
Md. Mostofa ◽  
Dewan Md. Al-Amin ◽  
Kaniz Tania Bint-E-Basar

Bangladesh and India sea boundary talks started in 1974, renewed in 1978 and in 1982. At last, the Hauge-based Permanent Court of Arbitration (PCA) gave verdict on July 07, 2014 on maritime disputes between India and Bangladesh. In a landmark judgment, the Permanent Court of Arbitration (PCA) awarded Bangladesh an area of 19,467 sq km, four-fifth of the total area of 25,602 sq km disputed maritime boundary in the Bay of Bengal with India. Now, Bangladesh’s maritime boundary has been extended by 118,813 sq km comprising 12 nm of Territorial Sea and an EEZ extending up to 200 nm into the high sea. In addition, the ruling acknowledged Bangladesh’s sovereign rights of undersea resources in the continental shelf extending as far as 345 nm in the high sea, taking Chittagong coast as the baseline. Now, Bangladesh can go ahead with their plans of search and extraction of energy and mineral resources and exploitation of fisheries within 200 nm from the baseline. The study tries to identify the various rights of Bangladesh over various maritime zones such as Territorial Sea, Contiguous Zone, Exclusive Economic Zone and Continental Shelf on the basis of the Bangladesh v India case (2014).


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