| Publication |
2013.
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| Summary/Abstract |
The Bay of Bengal case is the first maritime delimitation case before the International Tribunal for the Law of the Sea (ITLOS); the judgment is a milestone in the jurisprudence of the Tribunal for it to fulfil its designated role of "interpretation or application of the Convention". This article summarizes the judgment and makes comments on several issues: jurisdictional issues relating to the change of forum, interpretative issues on "innocent passage", the "equidistance/relevant circumstances" method of delimitation, and finally interpretation of Article 76 of the Convention, with special note on the roles of the Commission on the Limits of the Continental Shelf (CLCS) and the Tribunal in the process.
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