Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) [2012]

ITLOS Reports 2012, p. 4 · International Tribunal for the Law of the Sea · International

Law of the Sealaw-of-the-seamaritime-delimitationcontinental-shelfexclusive-economic-zonebay-of-bengal

Issue

How should the maritime boundary between Bangladesh and Myanmar be delimited in the territorial sea, EEZ, and continental shelf, including the shelf beyond 200 nautical miles?

Held

ITLOS delimited the boundary using the equidistance/relevant circumstances method. For the territorial sea, it drew a simplified equidistance line. For the EEZ and continental shelf within 200 nm, it adjusted the equidistance line to account for the concavity of the coast and the presence of St. Martin's Island. For the continental shelf beyond 200 nm, it applied the same method and recognized a 'grey area' where the shelf of one State extends under the EEZ of the other.

Exam use

When analyzing a maritime delimitation problem, always start with the three-stage approach: provisional equidistance line, adjustment for relevant circumstances, and disproportionality check. Relevant circumstances may include coastal concavity, the presence of islands, and the cut-off effect. For the continental shelf beyond 200 nm, remember that delimitation is possible and may create a 'grey area'. Use this case to argue for an adjusted line if the equidistance line produces an inequitable result.

Summary

ITLOS delimited the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal, addressing the delimitation of the territorial sea, exclusive economic zone, and continental shelf. The Tribunal applied the equidistance/relevant circumstances method and recognized the concept of a 'grey area' where the continental shelf extends beyond 200 nautical miles. It also addressed the status of the 'St. Martin's Island' as a relevant circumstance.

Facts

Bangladesh and Myanmar have overlapping claims to maritime areas in the Bay of Bengal. The dispute involved the delimitation of the territorial sea, the exclusive economic zone, and the continental shelf, including the shelf beyond 200 nautical miles. Bangladesh argued that the coast of Myanmar was concave and that the equidistance line would cut off its maritime entitlements. Myanmar argued for a strict equidistance line. The case also involved the status of St. Martin's Island, a small island belonging to Bangladesh near the boundary.

Procedural History

Bangladesh instituted proceedings against Myanmar under UNCLOS on 14 December 2009. ITLOS delivered its judgment on 14 March 2012. The Tribunal delimited the maritime boundary in three segments: territorial sea, EEZ/continental shelf within 200 nm, and continental shelf beyond 200 nm.

Issue

How should the maritime boundary between Bangladesh and Myanmar be delimited in the territorial sea, EEZ, and continental shelf, including the shelf beyond 200 nautical miles?

Held

ITLOS delimited the boundary using the equidistance/relevant circumstances method. For the territorial sea, it drew a simplified equidistance line. For the EEZ and continental shelf within 200 nm, it adjusted the equidistance line to account for the concavity of the coast and the presence of St. Martin's Island. For the continental shelf beyond 200 nm, it applied the same method and recognized a 'grey area' where the shelf of one State extends under the EEZ of the other.

Ratio Decidendi

The delimitation of the territorial sea is governed by Article 15 of UNCLOS, which provides for the equidistance method unless special circumstances justify a different line. For the EEZ and continental shelf, the Tribunal applied the three-stage approach: (1) draw a provisional equidistance line, (2) consider relevant circumstances that may require adjustment, and (3) check for disproportionality. Relevant circumstances included the concavity of the coast, which caused a cut-off effect, and the location of St. Martin's Island, which was given reduced effect. The Tribunal also held that the continental shelf beyond 200 nm can be delimited by the same method, and that a 'grey area' may arise where the shelf of one State extends under the EEZ of the other.

Obiter Dicta

The Tribunal noted that the concept of a 'grey area' is not explicitly provided for in UNCLOS but is a logical consequence of the delimitation of the continental shelf beyond 200 nm. It also observed that the rights of the coastal State in the EEZ and on the continental shelf are distinct and can coexist in the same area.

Reasoning

ITLOS began by delimiting the territorial sea, applying Article 15 and giving full effect to St. Martin's Island, but adjusting the line to avoid an inequitable result. For the EEZ and continental shelf within 200 nm, the Tribunal drew a provisional equidistance line and then considered relevant circumstances. It found that the concavity of the coast of Bangladesh caused a cut-off effect, requiring an adjustment of the line. It also gave reduced effect to St. Martin's Island to avoid disproportionate impact. The Tribunal then checked the adjusted line for disproportionality and found it equitable. For the continental shelf beyond 200 nm, the Tribunal held that the same method applies, and it delimited a line that extended beyond 200 nm. It recognized that in the area where the continental shelf of one State extends under the EEZ of the other, the rights of the two States coexist, creating a 'grey area'.

Plain-English Explanation

Imagine two countries sharing a coastline that curves inward. If you draw a line exactly halfway between them, one country might get very little sea area because of the curve. That's what happened between Bangladesh and Myanmar. ITLOS said that the equidistance line was unfair because it cut off Bangladesh's access to the sea. So the Tribunal adjusted the line to give Bangladesh more area. They also had to deal with a small island and the fact that the continental shelf extends beyond 200 nautical miles. This case teaches that maritime boundaries are not always simple; courts can adjust lines to achieve fairness.

Essay-Ready Explanation Generator

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Reference to Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) (ITLOS Reports 2012, p. 4) strengthens a Law of the Sea answer because the case reflects the principle that The delimitation of the territorial sea is governed by Article 15 of UNCLOS, which provides for the equidistance method unless special circumstances justify a different line. For the EEZ and continental shelf, the Tribunal applied the three-stage approach: (1) draw a provisional equidistance line, (2) consider relevant circumstances that may require adjustment, and (3) check for disproportionality. Relevant circumstances included the concavity of the coast, which caused a cut-off effect, and the location of St. Martin's Island, which was given reduced effect. The Tribunal also held that the continental shelf beyond 200 nm can be delimited by the same method, and that a 'grey area' may arise where the shelf of one State extends under the EEZ of the other. Applied to a problem question, the case should be used after identifying the issue as How should the maritime boundary between Bangladesh and Myanmar be delimited in the territorial sea, EEZ, and continental shelf, including the shelf beyond 200 nautical miles? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • maritime delimitation
  • equidistance/relevant circumstances
  • continental shelf beyond 200 nm
  • grey area
  • cut-off effect

Precedents Applied

  • UNCLOS Articles 15, 74, 83
  • North Sea Continental Shelf Cases
  • Maritime Delimitation in the Black Sea

Later Treatment

  • Delimitation of the Maritime Boundary in the Atlantic Ocean (Ghana/Côte d'Ivoire)
  • Dispute concerning the Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean

Key Passages

  • The equidistance method is the starting point for delimitation of the EEZ and continental shelf.
  • The concavity of the coast may constitute a relevant circumstance requiring adjustment of the equidistance line.

Significance

This case is the first maritime delimitation judgment by ITLOS and a landmark in the law of the sea. It established the three-stage approach for delimitation of the EEZ and continental shelf, which has been followed in subsequent cases. The case also clarified the delimitation of the continental shelf beyond 200 nm and introduced the concept of a 'grey area'. For law students, it is essential for understanding the methodology of maritime boundary delimitation and the role of relevant circumstances.

Related Cases

Exam Tips

When analyzing a maritime delimitation problem, always start with the three-stage approach: provisional equidistance line, adjustment for relevant circumstances, and disproportionality check. Relevant circumstances may include coastal concavity, the presence of islands, and the cut-off effect. For the continental shelf beyond 200 nm, remember that delimitation is possible and may create a 'grey area'. Use this case to argue for an adjusted line if the equidistance line produces an inequitable result.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Problem Question Use

Use this case to argue for an adjusted maritime boundary when the equidistance line produces a cut-off effect. In a problem question, identify relevant circumstances such as coastal concavity, the presence of islands, or the existence of a continental shelf beyond 200 nm. Apply the three-stage approach and consider the possibility of a 'grey area'. This case is also useful to show that ITLOS follows the same methodology as the ICJ.

Common Pitfalls

  • Forgetting to apply the three-stage approach in order.
  • Assuming that islands always get full effect; they may be given reduced effect.
  • Overlooking the possibility of delimiting the continental shelf beyond 200 nm.

Sources