<h1 style="font-weight: normal; font-family: verdana,helvetica,sans-serif;"><font size="4">Bangladesh sea boundary examined through UNCLOS III</font></h1>
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<div class="leadnews"><span class="byline">Engr. M. Inamul Haque<br><br></span></div>
<p>THE present day Law of the Sea is the outcome of United Nations Conference on
the Law of the Sea of 1958 (UNCLOS I), UNCLOS II of 1960 and UNCLOS III of 1982.
Bangladesh has its Territorial Waters & Maritime Zones Act of 1974. It has
ratified the UNCLOS 1982 on 27 July 2001, having time for claims to UN
Commission to the Limits of Continental Shelf (UNCLCS) by July 27, 2011.
According to the UNCLOS III of 1982 articles 3 and 15, every state has the right
to establish the breadth of its territorial sea up to a limit not exceeding 12
nautical miles, measured from baselines determined in accordance with this
Convention. The baseline is the line of low tide along the seashore of a state.
As per article 17, ships of all states, whether coastal or land-locked, enjoy
the right of innocent passage through the territorial sea. Article 33 gives
authority of a state on certain other matters to further 12 nautical miles
called the Contiguous Zone. <br></p><p><br></p>
<p style="font-weight: bold;">Exclusive Economic Zone</p>
<p>According to the UNCLOS III of 1982 article 55, the Exclusive Economic Zone
(EEZ) is an area beyond and adjacent to the territorial sea, subject to the
specific legal regime established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and freedoms of other States
are governed by the relevant provisions of this Convention. As per its article
56, in the EEZ, the coastal state has sovereign rights for the purpose of
exploring and exploiting, conserving and managing the natural resources, whether
living or non-living, of the waters superjacent to the seabed and of the seabed
and its subsoil, and with regard to other activities for the economic
exploitation and exploration of the zone, such as the production of energy from
the water, currents and winds. The above two articles give the coastal states
rights over an area beyond and adjacent to the territorial sea, for economic
exploitation. But as per its article 57, this EEZ shall not extend beyond 200
nautical miles from the baselines from which the breadth of the territorial sea
is measured.</p><p><br></p>
<p style="font-weight: bold;">Continental Shelf</p>
<p>The UNCLOS III of 1982 in its article 76 gives rights to the coastal states
to go down to some points beyond the EEZ called the continental shelf. As per
its sub article 1, the continental shelf of a coastal state comprises the seabed
and subsoil of the submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to the outer edge of
the continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend up to that distance.</p><p><br></p>
<p>As the limits of sea boundary prolongs towards the deep sea, disputes may
arise between adjacent states on their boundaries and claims over their natural
resources. Bangladesh has three base lines on its seashore: 1) from the
Hariabhanga Estuary to the Haringhata Estuary which makes about a 10 degree
slanting towards east from the longitudinal lines; 2) from Haringhata Estuary to
the Karnafuli River which makes about a 10 degree slanting towards west from the
longitudinal lines; and 3) from the Karnafuli River to St. Martins Island which
makes about a 70 degree slanting towards west from longitudinal lines. Thus, if
the boundary limits are prolonged from these three baselines, three different
scenarios of continental shelf shall arise where Bangladesh can claim over other
state's continental shelf. So, the sub article 4(a) of the article 76 gives
clarifications to resolve the disputes. <br></p><p><br></p>
<p>Article 76 sub-section 4(a): "For the purposes of this Convention, the
coastal State shall establish the outer edge of the continental margin wherever
the margin extends beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured by either, i) a line delineated in
accordance with paragraph 7 by reference to the outer-most fixed points at each
of which the thickness of sedimentary rocks is at least 1 per cent of the
shortest distance from such point to the foot of the continental slope; or ii)
line delineated in accordance with paragraph 7 by reference to fixed points not
more than 60 nautical miles from the foot of the continental slope. This article
76 limits of the continental shelf on the seabed, drawn in accordance with
paragraph 4 (a) (i) and (ii), not beyond 350 nautical miles from the baselines
from which the breadth of the territorial sea is measured or not beyond 100
nautical miles from the 2,500 metre isobath which is a line connecting the depth
of 2,500 metres."</p><p><br></p>
<p style="font-weight: bold;">The Bengal Fan</p>
<p>The Bengal Fan is the bed of sedimentary rocks in the sea that starts from
the mouth of River Ganga sloping gradually down to 5 degree latitude in Indian
Ocean. Sediments from the Indian Territory as well as from Myanmar also
contribute to this fan, but their contributions can be easily separated from the
isobaths. In the Bengal Fan, a deep trough from south of the Sundarbans, called
the Swatch of No Ground, separates sediments of western and eastern branches of
the River Ganga arriving through India and Bangladesh. A similar trough from
south of the St. Martins Island can separate sediments from Bangladesh and
Myanmar rivers. These two lines can be our sea limits as per UNCLOS III of
1982.</p><p><br></p>
<p style="font-weight: bold;">Bangladesh SeaBoundary Disputes</p>
<p>Bangladesh has divided its mainland and territorial waters into several
blocks for gas and oil exploration. Recently an invitation for tenders was
issued for interested parties for exploration of 8 blocks under the EEZ and 20
blocks under the Continental Shelf. But objections were raised from India and
Myanmar over claims on the peripheral blocks. A recent discovery of huge
hydrocarbon reserves in the continental shelves of India in Orissa, and Myanmar
in Rakhaine states has created the disputes over territorial claims. Bangladesh
needs to solve this problem in the light of article 76 clause 4a and article 7
of UNCLOS III.</p><p><br></p>
<p>The article 59 of UNCLOS III says that in cases where this Convention does
not attribute rights or jurisdiction to the coastal states or to other states
within the EEZ and a conflict arises between the interests of the coastal state
and any other state or states, the conflict should be resolved on the basis of
equity and in the light of all the relevant circumstances, taking into account
the respective importance of the interests of the involved parties as well as to
the international community as a whole. As per this article, Bangladesh should
negotiate not only on the basis of equity, but also in the light of other
relevant circumstances, particularly the basis of sedimentary rocks deposited
from the mainland.</p><p><br></p>
<p>I appreciate the Government's decision to move to the UN for resolving sea
boundary disputes with our neighboring states. As Bangladesh, India, and Myanmar
are signatories to the UNCLOS III, the matter should be resolved there. I also
appreciate the Government's decision to conduct a Seismic Survey of the sea bed
to update the available Bathymetric Records. But the government should not delay
anymore to update Bangladesh Territorial Waters and Maritime Zones Act 1974 on
the basis of UNCLOS III of 1982.</p>
<p><i>The writer is ex-Director General, Water Resources Planning Organization,
Ministry of Water Resources. Email: minamul@gmail.com.<span style="font-weight: bold;"><br></span></i></p><p><br></p><p>http://www.thedailystar.net/newDesign/news-details.php?nid=113923<br><i><span style="font-weight: bold;"></span></i></p></div>
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