Abstract

This article describes technical difficulties of Bangladesh and Myanmar’s maritime boundary dispute (the “Bay of Bengal case”). This was the first maritime delimitation case that the International Tribunal for the Law of the Sea (ITLOS) resolved. A maritime border for the seabed and subsoil of the Exclusive Economic Zone (EEZ) and the extended continental shelf (ECS) was decided by international adjudication for the first time in 2012. It was also the first time detailed technical quantification of seabed areas in the EEZ and ECS was needed for an international forum. After reviewing the ITLOS’s delimitation principles, this article evaluates St. Martin’s Island’s legal status and delimitation effect. The ITLOS concluded that the EEZ and continental shelf legal regimes should not be distinguished in the present instance, but a different approach is proposed for future cases. This article discuss about how to make an equitable boundary and indicates a model for adjusting provisional equidistance lines to accommodate the complicated geophysical rules for the outer limits of the ECS set by the United Nations Law of the Sea Convention (LOSC).

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