| Maritime boundary determination stuck up for more than a decade BD to be deprived of EEZ & continental shelf if maritime boundary determined as per equidistance theory  Maritime boundary determination between India, Bangladesh and Myanmar are stuck up for more than a decade with none of these states able to explore and exploit the abundance of food, mineral and energy resources of the Bay of Bengal.Already within the last couple of months both India and Myanmar have encroached, with Naval ships, into the disputed waters, inviting a diplomatic row with Bangladesh. Bangladesh is likely to be deprived of equitable share in the sea if maritime delimitation is conducted as per equidistance theory as desired by India and Myanmar.According to international law, every coastal state will be entitled to the enjoyment of territorial sea, contiguous sea, exclusive economic zone (EEZ) and continental shelf. International law also provides for different rules for determining sea boundaries of the countries located at the opposite and adjacent lines. It suggests that sea boundaries of the opposite states will be delimitated through "equidistance" formula while those of the adjacent states through "equitable sharing of sea" principle. Talking to The Bangladesh Today, Commodore Khurshid Alam (retd) said India and Myanmar want the sea boundaries to be delimitated as per equidistance formula. "If sea boundary is delimitated as per equidistance theory, Bangladesh will be possibly deprived of its share in EEZ and continental shelf," he added. He said as per Article 15 of the UNCLOS 1982 a coastal state will have right to enjoy 12 nautical miles as territorial sea, under Article 74 it will enjoy 200 nautical miles as EEZ and under Article 83 it will enjoy 350 nautical miles as continental shelf. "Both India and Myanmar want to settle the matter through 'equitable distance' principle which is not supported by UNCLOS while Bangladesh wants to resolve this problem through 'equitable sharing of sea' supported by the above law," he said. Most of 28 blocks where Bangladesh would like to explore gas have been disputed by India and Myanmar due to its measurement of sea boundary as per equidistance rule, he said, adding "We have to make India and Myanmar understand that we have to follow UNCLOS 'equitable sharing' principle of determining maritime boundary in resolving the dispute, otherwise we are losing big chunk of area." Wishing anonymity a government high-up in the Foreign Ministry said after 1986 Bangladesh held four technical meetings with India and Myanmar who wanted to resort to equidistance theory in determining maritime boundary. "These countries have objected current baseline measured by Bangladesh on '10 fathom' theory, a system of measuring baseline from the point where depth of water is 60 feet. We have to recount our baseline from the end of land in line with international law to establish our other rights over sea." He said by 2011 Bangladesh will go to the Commission on the Limits of the Continental Shelf (CLCS) at New York where each coastal state needs to place its claim over the continental shelf."We have conducted survey with foreign experts and prepared survey reports which need to be submitted to CLCS to establish our claim. If necessary we will conduct more survey to produce sufficient papers and documents there," he added. However he said that existing problem relating to maritime boundary will be resolved through discussion as India and Myanmar are also inclined to expedite the resolution and they are expected to agree with Bangladesh in determining sea boundary as per "equitable" principle of sea sharing as referred to in UNCLOS. "If the problem is not resolved through discussion, Bangladesh will be able to go to the International Court of Justice for resolving the dispute through arbitration by the ICJ," he stated. |
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