Bangladesh-Myanmar Maritime Boundary Delimitation Dispute

The International Tribunal for the Law of the Sea (ITLOS) in the judgment of Bangladesh/Myanmar maritime boundary delimitation has opened up a new chapter in the history of maritime dispute settlement. It has been introduced as a competent body in delimiting maritime boundary and succeeded in overcoming the negativity attached to the proliferation of bodies by applying methods of delimitation and developed by ICJ. This Judgment was not only constrained within the domain of law of the sea, rather it touched many substantial issues of public international law including requirements for a document to be treaty under Vienna Convention on Law of Treaty (VCLT), tacit or de facto agreement and doctrine of estoppel. Moreover, it extended the limits of delimitation of maritime dispute settlement bodies beyond 200 nm of continental shelf. The Tribunal applied different methods of delimitation for each zone taking into consideration the geographical distinctiveness and natural prolongation of the disputed area. In delimiting the territorial sea, it dealt with many disputed crucial issues before applying the pertinent method of delimitation. It juxtaposed the EEZ and continental shelves of the parties and determined to apply a single method for both zones after scrutinizing germane judicial and arbitral decisions. The application of the three tier equidistance/relevant circumstance method, long professed by ICJ, in such an area has been considered to be an achievement of equitable result. Moreover, the assurance of protection of rights of third parties and functions of other bodies without interruption in the areas beyond 200 nm continental shelf has been a bold contribution of the Tribunal in this case. This paper will mainly focus on whether the purpose of delimitation i.e. “equitable result” has been achieved by this Judgment by explaining methods applied in territorial sea, EEZ, whole continental shelf and it will be an attempt to look at the contribution of ITLOS to the larger aspect of maritime delimitation.