The grey areas in the Bay of Bengal

Abstract

This article addresses the grey areas in the Bay of Bengal, unique judge-made maritime zones that involve considerations concerning the continental shelf beyond 200 nautical miles. Such grey areas will arise whenever the entitlements of two States to the continental shelf extend beyond 200 nautical miles and relevant circumstances call for a boundary somewhere other than the equidistance line, at or beyond the 200 nautical miles limit, in order to provide an equitable delimitation. The grey areas discussed in the article are the outcome of litigations in the dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar, decided by the International Tribunal for the Law of the Sea and the Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India that went before an arbitral tribunal. Grey areas create practical inconveniences concerning the enforcement and management of natural resources. These need to be resolved through specific agreement or the establishment of appropriate cooperative arrangements. The main goal of this article is to explain the phenomenon and ask whether grey areas create more problems than they solve. It is argued that grey areas are justifiable in special circumstances. In the Bay of Bengal – due to its geography – it was necessary to adjust the provisional equidistance line between the parties involved to reach an equitable solution. In brief, the grey areas in the Bay of Bengal were a necessary inconvenience because they were a precursor to an equitable solution.