Myanmar is one of the earliest countries to recognise Bangladesh in 1972 and is the 7th country to accord recognition. Bangladesh in 1972 sent its most experienced and senior Ambassador to Myanmar (late K.M. Kaiser) that reflected the importance Bangladesh attached to Myanmar.

Past sea-boundary talks (1974-86)
In 1974, realising the potential marine living and non-living resources of the Bay of Bengal, Bangladesh enacted a law in July 1974, the Territorial and Maritime Zones Act, declaring its jurisdictions on (a) 12 miles territorial sea, (b) 188 miles exclusive economic zone, (c) contiguous zone adjacent to the territorial sea and (d) continental shelf. The claim of Bangladesh has been confirmed by the 1982 UN Law of the Sea Convention and Bangladesh ratified it in 2001.

Thereafter it was felt necessary to delimit sea boundary with Myanmar. In the same year (1974), Bangladesh began negotiations with Myanmar on (a) delimiting sea boundary and (b) the boundary between Bangladesh's St. Martin Island and Myanmar's Oyster Island.

There have been a series of negotiations since 1974 both in Dhaka and Yangon (the writer was closely involved in negotiations in the 70s) and the last meeting took place in 1986 in Yangon (Rangoon) between the two countries. In the joint communiqué in 1986, during the visit of Myanmar's President to Bangladesh, it was agreed to continue further negotiations on the subject. Recently the two foreign secretaries have agreed to do so, as reported in the newspaper (DS/20 May)

With regard to the boundary between St. Martin Island and Oyster Island, it had been easily resolved in 1974 because the islands are opposite to each other and the distance between them is about 24 miles. Accordingly, the territorial waters of the two islands meet the requirement of 12 miles territorial sea between them. An agreement was concluded with a map depicting the boundary between the two coastal islands.

With regard to the delimitation of sea boundary of various maritime areas between the two countries, namely (i) exclusive economic zone and (ii) continental shelf of the land territories of Bangladesh and Myanmar, it was not easy to reach an agreement, principally because the two countries are adjacent/lateral states.

Methods of sea-boundary between adjacent and opposite states are different
It has been found in legal precedents that methods of delimitation of sea boundary between the two adjacent/lateral (Bangladesh and Myanmar or Germany and Netherlands) states are different from that of opposite states (such as Indonesia and Australia or India and Sri Lanka). This point of difference in delimitation is very important because whatever methods are applicable between India and Sri Lanka cannot be invoked in case of Bangladesh and India or Bangladesh and Myanmar.

Bangladesh case:
Bangladesh's case rests upon the fact that the maritime areas are natural prolongation of Bangladesh's land territory and therefore the sea-boundary is to be drawn towards south in the Bay of Bengal on a straight line from the two points of land extremities of Bangladesh.

Furthermore, Myanmar has a much longer coastal belt than that of Bangladesh and has much more flexibility to claim larger areas in the Bay of Bengal up to Thailand border and draw sea-boundary. In such a geographical situation, equity, justice and fairness will govern the delimitation of sea-boundary between Bangladesh and Myanmar, leaving enough area in the Bay of Bengal for Bangladesh. The principal objective of Bangladesh is to have a wide open seafront in the Bay of Bengal.

Towards south of Bangladesh, in the Bay of Bengal, the first 12 miles will be Bangladesh's territorial waters and the next 188 miles will be its economic zone straight from the land points of the coasts or from its declared baselines. The continental shelf (sea-bed) of Bangladesh may extend up to 350 miles depending on the geo-physical features of the continental shelf, continental slope and continental margin.

Nature of jurisdictions on maritime zones:
The sovereignty of Bangladesh extends over territorial sea and the jurisdiction over the area is three dimensional, that is, sovereignty on sea, sea-bed and airspace above it. Only Bangladesh allows “innocent passage” of foreign vessels over the territorial sea.

Regarding exclusive economic zone, Bangladesh's jurisdiction is resource-oriented. This means that all the resources, living (fish) and non-living (oil and gas) of the zone legally belong to Bangladesh. Bangladesh is empowered to protect, conserve and exploit the resources of the zone. The surface water of the zone is free for foreign vessels unless they spoil or harm the resources within the 188 miles zone.

The area of continental shelf is also resource-oriented jurisdiction. This means that Bangladesh is entitled to explore and exploit the sea-bed or may even lease a portion of sea-bed to others. This means Bangladesh has exclusive right on resources of sea-bed. Scientists have not yet figured out unknown sea resources which they believe could be more varied and richer than those on land.

Re-commencement of negotiations
It has been recently reported that Myanmar has claimed marine areas of about 18,000 square kilometers of Bangladesh's claimed areas in the Bay of Bengal. Each country is obviously anxious to lay its hands on oil and gas resources because of their soaring prices. Oil speculators say that they will not be surprised if the price of oil hits US$100 per barrel in near future.

Bangladesh may rely on Articles 74 and 83 of the 1982 UN Sea Law Convention in the delimitation of the economic zone and continental shelf. The Articles underscore that states must arrive at an “equitable solution.” Here the word “equitable” means fair and just. The boundary must not be distorted or disadvantageous to either state.

There are legal precedents on sea boundary of adjacent/lateral states, although no precedent exactly fits an individual case because the nature of coastlines is varied in each case. However, some suggest that the principles laid down in the 1969 World Court Judgment on delimitation of continental shelf between Germany and Netherlands and Denmark and the 1982 World Court Judgment on continental shelf between Libya and Tunisia may assist in delimitation of sea boundary between Bangladesh and Myanmar.

Conclusion
Both countries are friends and have always shown understanding and mutual respect to each other. Therefore, it is imperative to re-commence negotiations to resolve the boundary so as to be exact as to which areas of Bay of Bengal belong to Bangladesh and which to Myanmar.

Many countries in South East Asia have successfully drawn their sea boundary amicably and there is no reason, given the goodwill, why sea boundary on various maritime zones cannot be resolved for mutual benefit between the two countries.

Barrister Harun ur Rashid is a former Bangladesh Ambassador to the UN, Geneva.