UN hearing on Maritime Boundary with Myanmar vs Bangladesh

A public hearing on the dispute concerning delimitation of maritime boundary between Bangladesh and Myanmar in the Bay of Bengal will begin on September 8 at a UN tribunal in Hamburg, Germany.

Bangladesh lodged objections with the UN regarding the claims of India and Myanmar on October 8, 2009, as it has disputes with both the countries on "natural prolongation of the continental shelf and the baseline." 

India and Myanmar have unfairly cut off a significant portion of Bangladesh's maritime area in the Bay. Both the neighbours have drawn line in the Bay in such an unlawful way that apparently sandwiched Bangladesh, officials in Dhaka said.

Bangladesh's objection to Myanmar's claim was lodged with the UN's International Tribunal for the Law of the Sea (ITLOS) headquartered in Hamburg, Germany. And its objection to Indian claim was filed with the UN's Permanent Court of Arbitration based in The Hague, Netherlands. 

On September 5, the UN tribunal will have a public sitting at which Thomas Mensah, Judge ad hoc chosen by Bangladesh, and Prof Bernard H Oxman, Judge ad hoc chosen by Myanmar, will make the solemn declaration required under Article 9 of the Rules of the Tribunal.

Foreign Minister Dipu Moni will lead the Bangladesh delegation at the hearing scheduled to begin at the ITLOS on September 8. She along with experts including Rear Admiral (retd) Khurshid Alam, additional foreign secretary, will leave Dhaka on September 7 to attend the hearing.

The ITLOS is an independent judicial body established by the United Nations Convention on the Law of the Sea (UNCLOS) to adjudicate disputes arising out of interpretation and application of the convention. It is empowered to settle such disputes between states.

The tribunal will hear the first round of oral arguments from Bangladesh on September 8, 9, 12 and 13 while Myanmar will place its arguments on September 15, 16, 19 and 20.

In the second round, Bangladesh will present its oral arguments in favour of its claim on September 21-22 and Myanmar on September 24.

The hearing will be held in the main courtroom of the tribunal, and is open to the public, according to a press release of ITLOS. 

Officials at the foreign ministry said Dhaka hopes to get the final verdict on the case with Myanmar by March next year.

Bangladesh favours a principle based on "equity" while India and Myanmar favours "equidistance" system to get bigger maritime areas.

Under a UN charter, the principle of "equity" takes into account a country's population, economic status and needs, GDP growth, and other human issues, while the "equidistance" system marks the boundary through geometric calculations.

According to UNCLOS, any such dispute should be resolved on the basis of equity, and in the light of relevant circumstances. And that makes Bangladesh's demand for equity-based demarcation justified.

Meanwhile, Bangladesh presented its claim on the continental shelf in the Bay at the UN Commission on the Limits of the Continental Shelf (CLCS) at the UN Headquarters in New York on August 24.

Dhaka's claim on the continental shelf extends up to 400-460 nautical miles (850 km) southwards from the country's coastline. It says it has full rights over the undersea natural resources within this area.

On December 14, 2009, the case relating to delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay was lodged with the tribunal through notification of a special agreement between the two states.

Dhaka and Naypyitaw (Myanmar capital) duly filed their written pleadings within the time-limits prescribed. Dhaka filed its Memorial on July 1 last year and Myanmar its Counter-Memorial on December 1 last year. Dhaka's reply was given on March 1 this year and Naypyitaw's rejoinder on July 1.

Bangladesh has appointed 21 internationally reputed counsels for the legal battle with Myanmar and India.