Ending the dispute between India and Bangladesh over the maritime boundary, the Hague-based Permanent Court of Arbitration (PCA) delivered its verdict on July 8. Out of the 25, 602 square kilometres of the disputed water at the Bay of Bengal, the PCA awarded Bangladesh 19,467 square kilometres and the rest to India. This verdict also helped Bangladesh to gain ownership of all the 10 hydrocarbon blocks in the Bay, also claimed by India. Surprisingly, Bangladesh, instead of claiming victory, described it as a win-win for both the countries. India also displaying extreme maturity has decided not to challenge the verdict. This certainly is a welcome move that highlights how the two friendly neighbours should behave to a situation which might not always be best to each other's interest and deserving to be imitated by other countries.
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In October 2009, the Bangladesh government decided to go for international arbitration. It approached the International Tribunal of the Law of the Sea (ITOLS), a body authorised under the United Nations Convention for Law of Sea (UNCLOS), for a desirable solution of its maritime boundary dispute with India. The three major points of dispute were sovereignty claim of the New Moore/Talpatti islands, territorial claim in the Bay and the Exclusive Economic Zone (EEZ). The issue of the New Moore/Talpatti Island was almost resolved even before the verdict as the island disappeared from the bay due to rise in sea level. The verdict became important for the rest of the two issues -- the territorial rights and EEZ. These issues were very important as these were necessary to access the marine resources in the Bay.
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Being not able to resolve the dispute bilaterally and at the same time keen to resolve it through peaceful means, India too did not protest the Bangladesh move. The obstacle in front of dispute resolution was the lack of consensus between the two countries on the methodology for the demarcation. For territorial rights, India argued for low-water baseline, a common system followed worldwide, to be the basis of demarcation as it follows the curve of the vertical coastline. Bangladesh, however, claimed that demarcation should be done to the straight water baseline due to the uneven and variable coastline.
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On the issue of EEZ, India proposed that the demarcation be done according to the Equidistance Principle, while Bangladesh claimed that demarcation be done according to the Equity Principle. The hearing for the arbitration concluded in December last year. However, PCA in the judgment sustain Bangladesh's claims for an equitable solution to the 200-nautical mile EEZ citing the "equidistance" method proposed for dividing the disputed waters between the two neighbouring countries was not equitable for Bangladesh.
Experiences suggest that maritime disputes often tend to create tension amongst countries, especially in water rich in hydro carbon. Countries hardly let go their claims. However, in the case of Bangladesh, there was hardly any incident where relationships amongst the countries became tense over maritime dispute, except for the stand-off with Myanmar in 2008. In this case too, Bangladesh approached the ILTOS in 2009 and the verdict came in 2012.
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Presently, a feeling of euphoria is prevailing in Bangladesh. Now, all its maritime disputes with neighbours have been resolved. Also, the verdicts have got it substantial gain of territory. Bangladesh now has more than 118,813 square kilometres of waters comprising territorial sea and EEZ extending out to 200 NM. The country also gained sovereign rights in the sea bed extending up to 354 NM from the Chittagong coast in the Bay of Bengal, meaning it will have ownership of all the sources living and non living in this area.
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More than all these gains, the real winner is the Bangladesh-India relations. Though there have been some cases where some leaders of the Bangladesh Nationalist Party (BNP) tried to play the India rhetoric, the government and the people at large are appreciative of India's gesture. In fact, resolution of the dispute has opened up a new horizon for cooperation between the two countries. They can join together to exploit the natural sources in the Bay. Both countries should try to transform the Bay of Bengal region into a major hub for trade and commerce, bringing prosperity to the region. India and Bangladesh should also work on ensuring peace in the Bay as well as the South Asia region by actively cooperating in controlling piracy and other organised crimes. Opportunities are many; all it needs is the open mind and little innovation.
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<em>(The writer is an Associate Fellow at Observer Research Foundation, Delhi) </em>
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