ID | 124568 |
Title Proper | Tribunal navigating complex waters |
Other Title Information | implications of the bay of Bengal case |
Language | ENG |
Author | Schofield, Clive ; Telesetsky, Anastasia ; Lee, Seokwoo |
Publication | 2013. |
Summary / Abstract (Note) | The International Tribunal on the Law of the Sea's March 2012 Judgment in the Bay of Bengal Case is a landmark decision in multiple ways. It represents the first maritime boundary to be delimitated by the Tribunal. It is the first adjudication of a maritime boundary in Asia, and it is also the first judicial delimitation of a maritime boundary for parts of the extended continental shelf located seaward of the 200-nautical-mile limit from baselines. While the Tribunal's ruling largely resolves the maritime dispute between Bangladesh and Myanmar, it also raises a number of questions and concerns that are highlighted in this article, including the Tribunal's approach to delimitation both within and beyond the 200-nautical-mile limit, the treatment of islands, the interplay between law of the sea institutions and the creation of a so-called grey area where continental shelf jurisdiction falls to one state and water column jurisdiction to the other. |
`In' analytical Note | Ocean Development and International Law Vol. 44, No.4; Oct-Dec 2013: p.363-388 |
Journal Source | Ocean Development and International Law Vol. 44, No.4; Oct-Dec 2013: p.363-388 |
Key Words | Baselines ; Extended Continental Shelf ; Grey Area ; Maritime Boundary Delimitation |