In 2012, the International Tribunal for the Law of the Sea (ITLS) based in Hamburg, Germany settled the maritime dispute with India by the judgment of Myanmar and the Permanent Court of Arbitration of the Netherlands in 2014. After that, Bangladesh got a complete map of the sea. Even though Myanmar and India accepted the verdict, the Dhaka-Delhi dispute over the border in the ocean has created a gray area. In view of Prime Minister Sheikh Hasina’s upcoming visit to India, Bangladesh is making full preparations to resolve this crisis. This information is known from the sources of the Ministry of Foreign Affairs.
Secretary of the Maritime Unit of the Ministry of Foreign Affairs confirmed the preparations for the Prime Minister’s visit, retired rear admiral Md. Khurshed Alam. He said to Samakal, “Bangladesh will follow the international judgment and the United Nations Convention on the Law of the Sea or the law of unclosure to settle this dispute.”
Bangladesh’s absolute sovereignty over the 200 nautical mile economic zone and beyond was established in the 2012 ITALS on the basis of fairness as claimed by Bangladesh. And in the judgment of the arbitration court against India, Bangladesh got 19 thousand 467 square kilometers of the disputed area of 25 thousand 602 square kilometers of the Bay of Bengal. India got the remaining 6 thousand 135 square kilometers.
As a result of this ruling, Bangladesh finally got a territorial sea of 1 lakh 18 thousand 813 square kilometers and an exclusive economic zone of 200 nautical miles as the issue of determining the maritime boundary with neighboring Myanmar and India was resolved. At the same time, it has been able to ensure the establishment of sovereign rights over all types of animal and non-animal resources located under the Mahisopan up to 354 nautical miles from Chittagong coast.
Sources in the Ministry of Foreign Affairs said that although the maritime boundary of India-Bangladesh has been determined by the judgment of the International Court of Justice, the two countries are in a conflicting position by sending letters to the United Nations amid the Corona crisis. India’s objection to Bangladesh’s claim to Mahisopan after 200 nautical miles has given rise to the new dispute.
A senior official of the Ministry of External Affairs said on the condition of anonymity that the objection given by India after the verdict of the International Court of Justice is irrelevant. Bangladesh has determined its baseline from land in accordance with court judgments and international law. And the baseline drawn by India is 10 and a half nautical miles in the sea. Their three point baselines of 87, 88 and 89 are caught above the water. Among them, 89 are in Bangladesh. Determining it from the ground would not have created a gray area. According to the rules of unclose, the baseline cannot be taken from above water.
He said, we are satisfied with the amount of compensation given to us by the court. Based on that we claimed the sea. Here India’s objection is that Bangladesh’s claim is illegal according to the law of the sea. Earlier, Bangladesh tried to solve the issue bilaterally. But before solving it, India went to the United Nations. As a result, Bangladesh has responded.
When asked whether Bangladesh will try for a bilateral solution, the official said that Bangladesh has tried once before to resolve the dispute. However, the issue may come up for bilateral meetings during the Prime Minister’s visit to Delhi. So Dhaka is making full preparations in this regard. It is not yet certain whether it will be put on the agenda of the bilateral talks. The matter will be decided in an inter-ministerial meeting.
Incidentally, after Bangladesh went to the International Court of Arbitration in 2009, India urged Bangladesh to settle the maritime dispute bilaterally. However, Bangladesh relied on the international court without responding to it.
Bangladesh first raised the demand of Mahisopan in the United Nations in 2011. After settling the border dispute with Myanmar and India, Dhaka revised the claim of Mahisopan and submitted it to the commission again in 2020. When Bangladesh drew the new baseline and presented the demand for the Mahisopan, then the crisis began. Within six months of Bangladesh presenting its demand for a revised budget, India objected in a letter to the United Nations. On April 16, 2021, India sent a formal letter to the United Nations raising objections to Bangladesh’s claim to the Mesopan. And in view of this, Bangladesh also explained the position by sending a counter letter to the United Nations.
India has objected to points 2 and 5 of Bangladesh’s new baseline. The country’s claim, which Bangladesh claims, falls within two hundred nautical miles of India; Which is the exclusive economic zone of India. This is what India calls a gray area. Bangladesh has objected to point 89 of India’s baseline. Bangladesh says that if the baseline is determined in accordance with international law, there will be no gray area.
Note that Bangladesh’s revised baseline is divided into five points and India’s baseline is divided into 89 points.
