Bangladesh yesterday won a landmark verdict at the International Tribunal for the Law of the Sea, which sustained its claim to 200-nautical-mile exclusive economic and territorial rights in the Bay of Bengal rejecting the claims of Myanmar.
The verdict of the court went absolutely in Bangladesh's favour and even beyond, as it gave more than what Bangladesh had asked for. The judgment is final and cannot be appealed against.
The verdict of the tribunal gave Bangladesh a substantial share of the outer continental shelf beyond 200 miles, which would open ways for offshore oil and gas exploration in the Bay.
The tribunal also awarded Bangladesh a full 12-mile territorial sea around St Martin's Island, overruling Myanmar's argument that the island be cut in half and shared.
"We have got everything, even more than what we wanted. We are happy, we are absolutely delighted," cheerful Foreign Minister Dipu Moni told The Daily Star over the phone from Hamburg, Germany.
"This is a great day for Bangladesh. All our strategic objectives were achieved," she said, adding that Bangladesh could now proceed with its oil and gas exploration in the area. "In our claims, we wanted around 1 lakh square miles but the tribunal in its verdict gave us 1.11 lakh square miles," she said.
Yesterday's 151-page judgment was the first by any court or tribunal to delimit the maritime area beyond 200 miles, known as the "outer continental shelf", and is certain to establish an important precedent.
"Bangladesh's full access to the high seas out to 200 miles and beyond is now recognised and guaranteed with our undisputed rights to the fish in our waters and the natural resources beneath our seabed," Minister Dipu Moni said.
The tribunal, based in Hamburg, Germany, was established by the United Nations Convention on the Law of the Sea to adjudicate disputes between states concerning issues covered by the convention, including the delimitation of maritime boundaries.
President of the tribunal Jose Luis Jesus of Cape Verde read out the judgment in the courtroom yesterday around 4:30am Bangladesh time. The 23-member panel of judges of the tribunal delivered its judgment after following a series of procedures and long hearings between September 8 and September 24, 2011, when both the countries presented their arguments.
The verdict, which the judges passed voting 21 to 1, concludes the case initiated by Bangladesh against Myanmar on October 8, 2009, to resolve a longstanding dispute over the maritime boundary.
Sources said Bangladesh lodged cases after India and Myanmar unfairly cut off a significant portion of Bangladesh's maritime area in the Bay.
Bangladesh's objection to Myanmar's claim was lodged with the tribunal and its objection to the Indian claim was filed with the UN's Permanent Court of Arbitration based in The Hague, the Netherlands. The arbitration with India is expected to be settled in 2014.
Bangladesh favours a principle based on "equity" while India and Myanmar favours "equidistance" system to get larger 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 issues, while the "equidistance" system marks the boundary through geometric calculations.
According to United Nations Convention on the Law of the Sea, any such dispute should be resolved on the basis of equity, and in the light of relevant circumstances. This makes Bangladesh's demand for equity-based demarcation justified, experts said.
Foreign Minister Dipu Moni, who was present in the courtroom during the judgment, told The Daily Star immediately afterwards that the people of Bangladesh were deeply connected to and dependent on the Bay of Bengal, both as a source of nutrition and for employment.
The legal certainty afforded by this verdict would ensure that "we will be able to maximize the benefit of this important resource for the people of Bangladesh while at the same time ensuring long-term sustainability," she added.
The foreign minister said energy-starved Bangladesh's exploration for petroleum and natural gas in the Bay, which had been delayed by conflicting boundary claims, could now proceed.
The judgment would now allow Conoco Philips Bangladesh to explore oil and gas for Bangladesh in deep-sea areas previously marked disputed. The oil company conditionally signed a production sharing contract last year leaving out the disputed areas.
The company kept a provision saying that it would explore the disputed areas after the issue had been settled.
"Today's ruling constitutes the equitable solution that Bangladesh has long desired, but was unable to obtain during the 38 years of diplomatic stalemate preceding the lawsuit," the foreign minister asserted.
"The bold and visionary decision of the prime minister to seek a binding judicial resolution of this longstanding dispute has been vindicated.
"But it is a victory for both states…because it finally resolves, peacefully and according to international law, a problem that had hampered the economic development of both states for more than three [almost four] decades. We salute Myanmar for its willingness to resolve this matter by legal means and for its acceptance of the tribunal's judgment," she said.
Myanmar wanted its maritime boundary with Bangladesh cut directly across the Bangladesh coastline, severely truncating Bangladesh's maritime jurisdiction to a narrow wedge of sea not extending beyond 130 miles.
Myanmar also claimed that the tribunal lacked jurisdiction to award continental shelf rights beyond 200 miles from either state's coast.
The tribunal rejected both these arguments.
"We are very pleased with the expertise, fairness and efficiency of the ITLOS [the tribunal] and its judges," said Dipu Moni. "The case was resolved, from beginning to end, in a little over two years. This is unprecedented in judicial efficiency in a maritime boundary case."
As the agent of Bangladesh in the proceedings the foreign minister presided over an eminent legal team, including deputy agent Rear Admiral (retd) Md Khurshed Alam, attorneys James Crawford, Philippe Sands and Alan Boyle of the United Kingdom, Paul Reichler and Lawrence Martin of the United States, and Payam Akhavan of Canada.
Myanmar was represented by its agent Attorney General Tun Shin. Its counsels included Alain Pellet and Mathias Forteau of France, Sir Michael Wood of the United Kingdom and Coalter Lathrop of the United States.
It may be mentioned that the army-backed caretaker regime invited bids for offshore exploration in February 2008 after dividing its sea territory in the Bay into 28 blocks.
But both India and Myanmar raised objections in all most all the blocks bordering "their maritime boundaries" that prevented Bangladesh from exploring for oil-gas. Myanmar even claimed rights to part of an area of Bangladesh and at the peak of the dispute in 2008, a war-like situation developed when both countries sent their navy to the disputed area.
Thursday, March 15, 2012 12:19 AM GMT+06:00 (87 weeks ago)
Good to see a long awaited and overdue case settled on behalf of Bangladesh.
What about the dispute with India? Why no similar case brought against India?
Does this resolve India's unlawful calim of Banagladesh's territory?
We hope this AL govt seeks similar resolution with Inida too and not give away our legitimate rights like the way it compromised with Tista/Farakha/Tipaipukh/Corridor etc.
Thursday, March 15, 2012 12:20 AM GMT+06:00 (87 weeks ago)
It's a great victory for us.I think it is the greatest and the happiest news for our country after a long time.Thanks ITLOS. A lot of thanks to our government,specially to Dr. Dipu Moni for this achievement.
Thursday, March 15, 2012 12:22 AM GMT+06:00 (87 weeks ago)
The dispute with India over maritime boundary would be solve through international court in Germany.Myanmer and India who claimed our territory as of their this verdict would give a signal that arbitration is a way out for any dispute not the military saber-rattling.Our felicitation to AL government for their undaunting efforts to pursue our objectives.
Thursday, March 15, 2012 12:24 AM GMT+06:00 (87 weeks ago)
Bravo to government. Special thanks to Commodore (Retd.) Khurshid Alam for his hard working on this sector. Now, I would like to request Government to pay special attention to strengthen our Navy in order to protect the sovereignty and wealth in our Maritime territory which is even larger than our country's territory in terms of area.
Thursday, March 15, 2012 12:36 AM GMT+06:00 (87 weeks ago)
Congratulations to the Bangladesh team.
Now, will India abide by such judgement when it is notoriously known as never to abide by any treaty with countries - particularly with weaker neighbors?
Thursday, March 15, 2012 12:56 AM GMT+06:00 (87 weeks ago)
Hurrah! Eto anando kothay rakhi! There left no obstacles to explore our Bay for petroleum. Now this is the time to utilize this opportunity. This is the time to remove poverty.
This is the time to stand as a powerful nation. This is the time to flourish Geology among the youth of our motherland. Everything will be possible only if we take the right decision. We have to do that. There exist no denying about the petroleum enrichment of our Allah gifted Bay. Please please our policy makers don't waste away this option. Again requesting for the poorer peoples who are looking at foods, looking for jobs as a hungry and helpless old man.
At last not least, expressing deep deep gratitude from the very core of the heart who bring us such a victory for us.....Salam Tomader.
Thursday, March 15, 2012 12:57 AM GMT+06:00 (87 weeks ago)
we are very much happy...yes...Bay is Ourssssss.
Thursday, March 15, 2012 01:09 AM GMT+06:00 (87 weeks ago)
A wonderful breathtaking view, a great news after a long time.
Thursday, March 15, 2012 01:25 AM GMT+06:00 (87 weeks ago)
Congratulations to Bangladesh and the government to fight on this and win for us! Now let's do the same with India!!!
Thursday, March 15, 2012 01:32 AM GMT+06:00 (87 weeks ago)
It's a great achievement of the govt. We are much more happy to hear the news. But we have another dispute with India. So overall success depend on the final implementation of the Judgement!!
Thursday, March 15, 2012 01:37 AM GMT+06:00 (87 weeks ago)
We are very happy for this news. Thanks to the PM, Foreign Minister, her colleagues, lawyers and everyone involved in this issue. We hope to have a very successful outcome with India as well. The govt should highlight much more on its achievements and progress and speak very carefully about the opposition. People will like hearing more about progress rather than ill mouthing by both the govt and the opposition.
Thursday, March 15, 2012 01:45 AM GMT+06:00 (87 weeks ago)
With the maritime dispute resolved, I would urge the government to work harder than ever to improve relations with Myanmar. We need to become friends with them and all SAARC countries and Middle east.
Thursday, March 15, 2012 01:55 AM GMT+06:00 (87 weeks ago)
Roni Rahman, are you going to ask the same questions to previous BNP-Jamaat govt? Is it only AL's responsibilty to fight for this type of causes?
Thursday, March 15, 2012 01:59 AM GMT+06:00 (87 weeks ago)
This is the best achievement of Bangladesh after our independence. The government of Bangladesh deserves our sincere thanks.
Thursday, March 15, 2012 02:10 AM GMT+06:00 (87 weeks ago)
Congrats! Please work hard against Indian claims now... Bravo to the team and Cmdr Khurshid Alam.
Thursday, March 15, 2012 02:28 AM GMT+06:00 (87 weeks ago)
Minister Dipu Mon deserves our sincere appreciation and we strongly expect her and the PM to play the same pragmatic and strong role with Indian Congress.
Thursday, March 15, 2012 02:55 AM GMT+06:00 (87 weeks ago)
Bangladesh should be proud of getting this much of offshore. It may open up a dramatic positive phase in Bangladesh's effort of development. It requires a long term planning to utilise this economic zone.
Thursday, March 15, 2012 02:59 AM GMT+06:00 (87 weeks ago)
Congratulation to Bangladesh and its rulers. Hope the same stands when it tries to fight against India and the government does not bow its head to them.
Thursday, March 15, 2012 03:09 AM GMT+06:00 (87 weeks ago)
My heartiest thanks and congratulations to the PM, FM and all those officials and staff who worked hard and made it possible.
I am more delighted that this is the month of our independence. Now is the time for national unity and redouble the efforts to achieve our genuine and legitimate water sharing with India. We want to exist and live as a very good and friendly neighbour with all countries in particular India and Mynamar.
Thursday, March 15, 2012 01:52 PM GMT+06:00 (87 weeks ago)
Great news for Bangladesh... Makes me feel even prouder since the founder of JCI Bangladesh, Mosud Mannan (Honory Ambassador of Bangladesh in Germany) was the Deputy Agent of this litigation...
Thursday, March 15, 2012 04:02 AM GMT+06:00 (87 weeks ago)
Good job!
Thursday, March 15, 2012 04:53 AM GMT+06:00 (87 weeks ago)
So... it seems that Hasina and her government is different from the previous governments in Bangladesh. Overall, it appears that Bangladesh has made several significant achievements during her tenure.
Thursday, March 15, 2012 05:50 AM GMT+06:00 (87 weeks ago)
It's a great achievement for the present government in safeguarding our territorial sovereignty over the Bay of Bengal, seeking proper judgement through the International Legal Organisation. The incumbent Foreign Minister and her team has proved their efficiency, sincerity and patriotism dealing with this vital national interests over our Maritime Boundary.
Congratulations to our Prime Minister, Foreign Minister and the team members of the Foreign Ministry and the legal team, for their sincere efforts in safeguarding our national interests.
Hope fully similar ways and means will be followed to settle with India.
Thursday, March 15, 2012 04:37 AM GMT+06:00 (87 weeks ago)
This is a great victory indeed. Inshallah we will defend our land, sea and air from our neighbours.
Thursday, March 15, 2012 05:54 AM GMT+06:00 (87 weeks ago)
Congrats to all who took great effort for bringing home our rights, it is like winning another Bangladesh in Bangladesh. We also appreciate Myanmar for choosing a peaceful way of solving the problem.
Thursday, March 15, 2012 06:21 AM GMT+06:00 (87 weeks ago)
Clearly an irreversible turning point and a very significant one for Bangladesh's history. For good or bad - will depend on future leadership. It is clearly recognition that the territorial and political entity called Bangladesh is a viable one to channel large investments. As a nation we are also now formally a party in the global energy conflict. Wish and pray that our leadership can avoid the disasters that fell on other weak oil producing nations.
Thursday, March 15, 2012 04:12 PM GMT+06:00 (87 weeks ago)
While we are elated at this rare success and happy outcome, please do not go about saying we have got more than we wanted. It does not reflect well on Bangladesh's preparation of the case or on anybody.
Thursday, March 15, 2012 07:25 AM GMT+06:00 (87 weeks ago)
Among all the bad news this kind of news really increases our hope about the future of our country. Congratulations.
Thursday, March 15, 2012 07:41 AM GMT+06:00 (87 weeks ago)
I am simply thrilled to read this news... Congratulations to the Bangladeshi team who fought the case. Now let's see how the government utilises this 200 nautical mile...
Thursday, March 15, 2012 07:51 AM GMT+06:00 (87 weeks ago)
This is a great news for Bangladesh. The international Tribunal for the Law of the Sea (ITLS) gave justice to Bangladesh. We, Bangladeshi people, are grateful to the ITLS.
Now, Dipu Moni should file cases against India. I believe that we will win over our rights to water-sharing. Remember, India can neither be friend nor be enemy. We should not fight against India nor become closest friends. Our brothers are Chinese people who never betrayed us and do not create any trouble for us. Make direct road connections through Myanmar that prime minister Sheikh Hasina already discussed.
Thursday, March 15, 2012 08:05 AM GMT+06:00 (87 weeks ago)
Congratulation Dipu Moni, the perfect and best foreign minister of Bangladesh.
Thursday, March 15, 2012 08:11 AM GMT+06:00 (87 weeks ago)
Alhamdulillah. This is called justice. Actually, both India and Myanmar's claim are illegal, injust. There are thousands of cases where the method of equity has been applied to settle the dispute. So, we will also win in 2014 against India, but for that we should be committed as well as determined, shrewd and skilled enough.
Thursday, March 15, 2012 08:47 AM GMT+06:00 (87 weeks ago)
Recurrent foreign tours of our political leaders and high profile officials bring little benefit to the country and become pleasure trips for them. This one is a great exception. I congratulate our Foreign Minister and her team. It's an inspiring news for us who are accustomed to reading never-ending bad news. It's a great news for the people of BD.
Thursday, March 15, 2012 09:03 AM GMT+06:00 (87 weeks ago)
Good. We hope India and Myanmar accepts the verdict. Also we expect same result from the case with India in this regard.
Thursday, March 15, 2012 09:44 AM GMT+06:00 (87 weeks ago)
It's just fantastic!!!
Thursday, March 15, 2012 09:25 AM GMT+06:00 (87 weeks ago)
Congratulations Dipu moni...
Thursday, March 15, 2012 09:46 AM GMT+06:00 (87 weeks ago)
This is a great success of Bangladesh Government.
Thursday, March 15, 2012 09:56 AM GMT+06:00 (87 weeks ago)
It's an unpresidented verdict and we hope we will get our rights over india.
Thursday, March 15, 2012 10:32 AM GMT+06:00 (87 weeks ago)
This is a victory for justice...a victory against bullies like India and most importantly, a victory for Bangladesh! Let's hope that both India and Myanmar respect this decision by the International Tribunal and not act impudently.
Thursday, March 15, 2012 10:20 AM GMT+06:00 (87 weeks ago)
Congratulation Bangladesh, very well done. It's been a long since I read something positive about Bangladesh. Many thanks to our lawyers and representatives. I pray that this ruling brings us the bounties of benefits...
My prayers are always for you Bangladesh.