Bangladesh wins maritime battle against Myanmar

Myanmar junta deploys additional forces on Bangladesh border

The People's Republic of Bangladesh won a great victory over the neighbouring, military-junta ruled nation of Myanmar at the International Tribunal for the Law of the Sea (ITLOS) over a maritime territory dispute.

THE UN LAWS EXPLAINED:

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.

Bangladesh believes in the "equity" principal.

GAINS FOR BANGLADESH:

According to the Foreign Minister of Bangladesh we achieved all strategic objectives set forth. She said “In our claims, we wanted around 1 lakh square miles but the tribunal in its verdict gave us 1.11 lakh square miles”.

She further said that “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,”.

“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.

OUR COMMENTS:

The BDMilitary.com staff members congratulate the Bangladesh Foreign Minister, 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 for their successful efforts.

This victory for Bangladesh is a victory for all nations that believe in justice, fairness and peaceful co-existence. We hope and invite the government of Myanmar to abide by the ruling in order to prevent any unacceptable situation from occurring but we also equally warn them that if any attempt is made to occupy Bangladesh's maritime territory they will face a military response with devastating consequences as the Bangladesh armed forces will not allow one inch of the motherland to be occupied by foreign aggressors.

We repeat that now is the most dangerous time and that the Bangladesh armed forces, Government of Bangladesh and all concerned agencies of Bangladesh should maintain a strong vigil to prevent Myanmar from occupying Bangladesh's maritime territories.