





































American International Journal of Social Science Research; Vol. 2, No. 1; 2018 

ISSN 2576-103X   E-ISSN 2576-1048 

Published by Centre for Research on Islamic Banking & Finance and Business, USA 

   

 

108 
 

Delimitation of Maritime Boundary with India and Bangladesh’s 

Rights over the Sea 
  

  

Md. Mostofa1, Dewan Md. Al-Amin1 & Kaniz Tania Bint-E-Basar1 

 
1Department of Law, Faculty of Arts, Social Science & Law, Bangladesh University, Bangladesh 

 

Correspondence: Md. Mostofa, Department of Law, Faculty of Arts, Social Science & Law, Bangladesh University, 

Bangladesh, E-mail: mostofa.bu@gmail.com, Tel: +88 01723084138 

 

 

Received: May 12, 2018                                  Accepted: May 20, 2018                        Online Published: June 7, 2018   

 

 

 

Abstract 

Bangladesh and India sea boundary talks started in 1974, renewed in 1978 and in 1982. At last, the Hauge-based 

Permanent Court of Arbitration (PCA) gave verdict on July 07, 2014 on maritime disputes between India and 

Bangladesh. In a landmark judgment, the Permanent Court of Arbitration (PCA) awarded Bangladesh an area of 

19,467 sq km, four-fifth of the total area of 25,602 sq km disputed maritime boundary in the Bay of Bengal with 

India. Now, Bangladesh’s maritime boundary has been extended by 118,813 sq km comprising 12 nm of Territorial 

Sea and an EEZ extending up to 200 nm into the high sea. In addition, the ruling acknowledged Bangladesh’s 

sovereign rights of undersea resources in the continental shelf extending as far as 345 nm in the high sea, taking 

Chittagong coast as the baseline. Now, Bangladesh can go ahead with their plans of search and extraction of energy 

and mineral resources and exploitation of fisheries within 200 nm from the baseline. The study tries to identify the 

various rights of Bangladesh over various maritime zones such as Territorial Sea, Contiguous Zone, Exclusive 

Economic Zone and Continental Shelf on the basis of the Bangladesh v India case (2014).  

Keywords: Territorial sea, Contiguous zone, Exclusive economic zone, Continental shelf, PCA.  

 

1. Introduction 

Bangladesh and India sea boundary talks started in 1974, renewed in 1978 and in 1982; it could not be resolved 

because of the differences over methods of delimiting the boundary between the two sides. At last, The Permanent 

Court of Arbitration (PCA) at The Hague officially conveyed the result to both parties on 7 July 2014. On the basis 

of the judgment, 200 nautical miles Exclusive Economic Zone has been legally ensured for Bangladesh. It is a major 

achievement for Bangladesh. Now, Bangladesh owns more than 1, 18, 813 km of waters comprising Territorial Sea, 

Contiguous Zone and Exclusive Economic Zone. As a result, the rights in our different sea area have completely 

been ensured. According to the Convention and statutory law, Bangladesh must be able to exercise its legal rights on 

waters, living and non living resources in the Territorial Sea, Contiguous Zone, Exclusive Economic Zone and the 

Continental Shelf.  The author tried to identify the various rights of Bangladesh over various maritime zones on the 

basis of the Bangladesh v India case (2014) and gave some applicable recommendations which will influence the 

Government.  

2. Literature Review 

The Law of the Sea has developed over the years, and is presently codified in the United Nations Convention on the 

Law of the Sea, 1982,1 which was the outcome of the Third United Nations Conference on the Law of the Sea 

(UNCLOS III). Basically, the Convention does not differ from the four previous Geneva Conventions, 1958,2 

except that it extends jurisdiction of the coastal state over baselines, territorial sea, and the continental shelf and 

provides for a new sea zone such as the 200 nautical mile (n.m.) exclusive economic zone (EEZ). The delineation of 

sea zones gives rise to problems between adjacent and opposite states, and has created problems between 

Bangladesh and its adjacent neighbors-India and Burma. This study will deal with how Bangladesh designates 

different sea zones, and in particular the difficulties encountered in prescribing sea zones under UNCLOS III and in 

delimiting the zones between Bangladesh and its neighbors (Rahman, M. H., 1984). 



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Sea-level rise is one of the certain consequences of climate change. Global mean sea level has been rising 

throughout the twentieth and twenty-first centuries. Furthermore, because of the lag in the oceans’ response to 

warming, it is expected to continue to raise for centuries, even under the most optimistic mitigation scenarios. 

Projections of sea-level rise span a broad range. In its Fourth Assessment Report, the Intergovernmental Panel on 

Climate Change suggested 18–59 cm of global mean sea-level rise by 2100 compared with 1990 levels (plus an 

uncertain component from dynamic ice-sheet adjustment). Semi-empirical methods have since put forward values of 

1.5 m and more3, 4. Irrespective of the actual level of sea-level rise by 2100, future changes in the world’s 

coastlines will pose fundamental new challenges, not least for international relations (Houghton, K. J, et.al. 2010). 

3. Objectives of the Research 

The following objectives are pursued 

• To justify the claims of Bangladesh over various maritime zones. 

• To identify the various rights of Bangladesh over various maritime zones with the convention, statutory law 

and case law.    

• To offer some recommendations to government to ensure Bangladesh’s rights.   

4. Research Methodology 

The author adopted 'Doctrinal Research Methodology'(Tewari, 2004) with 'Analytical Approach'(Faruque, 2009)to 

identify Ratio Decidendi of the case. Deductive legal reasoning of the case laws and Harvard reference style of Case 

Citation have been followed. Reasonable importance has been given to identify the various rights of Bangladesh on 

the sea (Halim, 2008).  Case study has been taken as Empirical Tool, where relevant maritime delimitation case 

2014 including existing agreements among state parties within the meaning of relevant Articles of the UNCLOS iii 

(1982).    

5. Data Analysis and Interpretation  

5.1 Bangladesh vs. India Case (2014) and the Judgment 

Total disputed sea area between Bangladesh and India was 25,602 sq km in the Bay of Bangal. Bangladesh 

submitted its statement of claim by May 2011 to the Court of Arbitration. India submitted its counter-memorial by 

July 2012. Rejoinder of Bangladesh was lodged on 31st January and India’s reply was submitted by 31st July 2013. 

Oral hearing from both sides were heard by the Arbitration Court in December 2013 (9th-18th).The Court of 

Arbitration consist of three jurist as Arbitrators –Tullio Treves of Italy, I.A Shearer of Australia and Rudigar 

Wolfrum of Germany and one each nominated by Bangladesh and India. Bangladesh nominated former judge 

Thomas Mensah from Ghana and India nominated D. P.Sreenivasa Rao, former legal adviser of the External Affairs 

Ministry. Five arbitrators comprise the court preside over by Rudigar Wolfrum of Germany. In July 2013Treves 

resigned and a French jurist Jean-Pierre Cot was appointed in his place in consultation with both parties. On behalf 

of India lawyers, RKP Shankardass, Alain Pellet, Michael Reisman and Sir Michael Wood argued, while for 

Bangladesh Lawrence Martin, Philippe Sands, Payam Akhavan, Paul Reichler, Alan Boyle and James Crawford. 

The Permanent Court of Arbitration (PCA) gave verdict on July 07, 2014 on maritime disputes between India and 

Bangladesh. In a landmark judgment, the International Arbitral Tribunal rejected Indian’s maritime claim and 

upheld Bangladesh’s claim of 200 nautical miles Exclusive Economic Zone and the territorial rights in the Bay of 

Bangal. The verdict of the United Nations Permanent Court of Arbitration (PCA), based in The Hague, went largely 

in favour in Bangladesh, as it gave the country a substantial share of the extended continental shelf beyond 200 NM. 

The tribunal awarded Bangladesh 19,467sq km area out of the disputed 25,602 sq km leaving 6,135 sq km to India. 

The judgment is final and binding on both countries and cannot be appealed against. The tribunal sustained 

Bangladesh’s claims of equitable solution to a full 200 nautical miles Exclusive Economic Zone in the Bay and to a 

substantial share of extended Continental Shelf beyond 200 nautical miles.  

5.2. Bangladesh’s Benefits on the Basis of Judgment  

Bangladesh now legally possess 118,813 sq km of air space, waters, subsed and subsoil comprising Territorial Sea, 

Contiguous Zone and Exclusive Economic Zone extending out to 200 nautical miles after peaceful settlement of 

Bangladesh- Myanmar and Bangladesh-India maritime boundaries. This paves the way for the economic 

development of this part of Bay of Bengal which will be beneficial to all the countries. The verdict has been broadly 

accepted by both the countries as a positive development for further consolidation of friendly relations especially 

given the geo-strategic / political significance of greater India Ocean region and South Asian sub-region. Moreover, 

the award has wide security and economic implications not only for India and Bangladesh but also for the entire Bay 

of Bengal region. The verdict would contribute towards establishing strategic partnerships among the nations 

sharing borders in the Bay. Both the countries have accepted the award as it will open the door for exploration of oil 

and gas in the Bay- the site of huge energy reserves. International legal experts have heailed the tribunal’s 

encouragement to parties to exercise their sovereign rights and perform their duties under the convention with due 

regard to the rights of the other. The award has huge economic significance for a small state like Bangladesh. It has 



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cleared the obstacles for Dhaka to open up its waters for foreign firms to explore and exploit hydrocarbons in the 

Bay. So long, Bangladesh’s maritime disputes with India are believed to have deterred many international petroleum 

companies to invest in the sea-blocks previously offered by it. The ruling has confirmed Bangladesh’s rights to 

exploit the potentially rich waters in the Bay region. The United Nations Convention on the Law of the Sea 

(UNCLOS) gives a nation 12 nm of territorial control and ensures sovereign rights to explore, exploit and manage 

natural resources with 200 nm of EEZ. Now, Bangladesh can go ahead with their plans of search and extraction of 

energy and mineral resources and exploitation of fisheries within 200 nm from baseline. Bangladesh will be able to 

attract international oil companies to explore the deep sea for oil and gas. We should now proceed to carry out a 

general seismic survey at the Bay of Bangal. Also BAPEX and Petrobangla will have to provide their competence in 

terms of exploring off-shore blocks for oil and gas. We have now the sovereign right to fish, mine, collect and gather 

any resource available within the 118,813 sq km sea. Even sea birds flying over this territory are ours. Shipwrecks 

are ours too, to recover and claim. Any archaeology site found in this area is ours. The verdict is also good news for 

millions of fishermen in both the countries. On the basis of judgement, our rights in 118,813 sq km sea have been 

insured conventionally. Our different rights in different sea area have been discussed below.  

5.2.1 In Territorial Sea 

The government may, by the notification of the official Gazette, declare the limits of the sea beyond the land 

territory and internal waters of Bangladesh which shall be territorial waters of Bangladesh. The sovereignty of 

Bangladesh extends, beyond its land territory and internal waters and, in the case of Archipelagic State, its 

archipelagic waters, to an adjacent belt of sea, described as the territorial sea. Bangladesh has sovereignty to 

exercise its legal rights to the air space, in water as well to its bed and subsoil. The sovereignty over the territorial 

sea is exercised subject to this convention and to the rules of international law. Bangladesh has the right to establish 

the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines. Bangladesh 

has right of innocent passage through the territorial sea of all coastal state.  Bangladesh has right to take necessary 

steps- 

• To prevent the passage through the territorial waters of any foreign ship having no right of innocent 

passage; 

• To prevent and punish the contravention of any law or rule in force in Bangladesh by any foreign ship 

exercising the right of innocent passage; 

• To prevent the passage of any foreign warship without previous permission of Government; and 

• To prevent and punish any activity which is prejudicial to the security or interest of the Republic. 

In accordance with the article 27 of UNCLOS III of 1982, Bangladesh as a coastal state has rights to arrest any 

person or to conduct any investigation in connection with any crime committed on board of foreign ship passing 

during its passage through the territorial sea in the following cases: 

• If the consequences of the crime extend to the coastal state; 

• If the crime is of kind to disturb the peace of the country or the good order of the t territorial sea; 

• If the assistance of the local authorities has been requested by the master of the ship or by diplomatic agent 

or consular officer of the flag state; or  

• If such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic 

substances. 

 The above provisions do not affect the right of the coastal state to take any steps authorized by its law for the 

purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal 

waters. According to the article 28(2) of UNCLOS III of 1982, Bangladesh has right of civil jurisdiction to execute 

against or arrest the ship for the purpose of any civil proceedings in respect of obligations or liabilities assumed or 

incurred by the ship itself in the course or for the purpose of its voyage the waters of the coastal state .This provision 

does not affect the right of the coastal state to take any steps authorized by its laws to execute against or to arrest , 

for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial 

sea after leaving internal waters.       

5.2.2 In Contiguous Zone 

The contiguous zone is a zone of sea contiguous to and beyond the territorial sea in which Bangladesh has limited 

powers for the enforcement of customs, fiscal, sanitary and immigration laws. The contiguous zone may not extend 

beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. That is to say, 

it is twelve miles beyond the territorial sea. According to the article 33 of UNCLOS III, Bangladesh has rights to 

enact laws and regulations about customs, fiscal, immigration and sanitary within its territory or territorial sea. 

Bangladesh has rights to exercise the control necessary to prevent infringement of its customs, fiscal, immigration or 



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sanitary laws and regulations within its territory or territorial sea. Bangladesh has also rights to punish infringement 

of the above laws and regulations within its territory or territorial sea.  

5.2.3 In Exclusive Economic Zone 

According to the article 55 of UNCLOS III, The Exclusive Economic Zone is an area beyond and adjacent to the 

Territorial Sea, subject to the specific legal regime established under part 5, under which the rights and jurisdiction 

of the coastal state (Bangladesh) are governed by the relevant provision of this convention. According to the article 

57 of UNCLOS III, The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the base lines 

from which the breadth of the territorial sea is measured. On the basis of judgement with India and Bangladesh 

(2014) and with Myanmar and Bangladesh (2012), 200 nautical miles exclusive economic zone from baselines has 

been ensured for Bangladesh in the Bay of Bangal. Now, Bangladesh shall freely enjoy her rights in the Exclusive 

Economic Zone. According to the article 56 of UNCLOS iii, Bangladesh has sovereign rights for the purpose of 

exploring and exploiting, conserving and managing the living and nonliving resources of the sea bed and subsoil and 

the superjacent waters. Furthermore, this right is to be exercised in accordance with the provisions of UNCLOS iii 

relating to the continental shelf. The non-living resources of the superjacent waters relates to the various minerals 

which can be extracted from sea water. Bangladesh has sovereign rights with regard to other activities for the 

economic exploitation and exploration of the zone such as the production of energy from the waters, currents and 

winds. This provision gives Bangladesh quite new rights and reflects and is phrased so as to permit Bangladesh to 

take advantage of developments in technology. The production of energy will usually require the construction of 

installations of some kind (e.g. wave barrages). In respect of this and the following two rights the UNCLOS iii 

confers on Bangladesh not sovereign rights (as with the first three rights) but the more limited jurisdiction. Article 

56 of UNCLOS iii provides that Bangladesh has jurisdiction as provided for in the relevant provisions of this 

convention with regard to the establishment and use of artificial island, installations and structures. The relevant 

provisions referred to are to be found in article 60. This article gives Bangladesh: 

The exclusive right to construct and to authorize and regulate the construction, operation and use of; 

• Artificial island; 

• Installations and structures for the purposes provided for in article 56 and other economic purposes; 

• Installations and structure which may interfere with the exercise of the rights of Bangladesh in the zone.  

Article 56 of UNCLOS iii gives Bangladesh jurisdiction as provided for in the relevant provisions of this convention 

with regard to marine scientific research. The relevant provisions of this convention are to be found in part XIII. 

Article 246(1) of UNCLOS iii provides that the coastal state (Bangladesh) has the right to regulate, authorize and 

conduct scientific research in its EEZ. Article 56 confers on Bangladesh jurisdiction as provided for in the relevant 

provisions of this convention with regard to the protection and preservation of the marine environment. The relevant 

provisions of the convention are to be found in part XIII. This part gives Bangladesh legislative and enforcement 

competence in its EEZ to deal with the dumping of waste (LOSC. Articles 210 (5) and 216 other forms of pollution 

from vessels (LOSC. Articles. 211 (5-6). 220. 234 and pollution from sea bed activities (LOSC.arts.208.214). 

5.2.4 In Continental Shelf  

The judgment between India and Bangladesh (2014) has ensured for Bangladesh more than 1, 18,813 sq km of 

waters comprising Territorial Sea, Exclusive Economic Zone and also undeniable sovereign rights in the sea bed and 

subsoil extending as far as 354 nautical miles from the Chittagong coast in the Bay. Bangladesh can exercise over 

the continental shelf sovereign rights for the purpose of exploring it and exploiting its natural resources according to 

the article 77(1) of UNCLOS iii. According to the article 77(4) of UNCLOS iii, Natural resources mean the mineral 

and other non-living resources of the sea bed and subsoil together with living organisms belonging to the sedentary 

species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea bed or are 

unable to move except in constant physical contact with the sea bed or the sub soil. Bangladesh has legal status of 

the superjacent waters or of the air space over the continental shelf. According to the article 79, 80 and 81 of 

UNCLOS iii, Bangladesh is entitled to lay submarine cables and pipelines on the continental shelf. Bangladesh has 

right to establish artificial island, installations and structures on the continental shelf. Bangladesh shall have the 

exclusive right to authorize and regulate drilling on the continental shelf for all purposes. According to the article 

7(4) of The Territorial Waters and Maritime Zones Act 1974, The Bangladesh government may construct, maintain 

or operate within the continental shelf installation other devices necessary for the exploration and exploitation of its 

resources. According to the article 111 of UNCLOS iii, Bangladesh has right of hot pursuit to the foreign ship or one 

of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the 

pursuing state (Bangladesh), and may only be continued outside the territorial sea or the contiguous zone if the 

pursuit has not been interrupted. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit 

may only be undertaken if there has been a violation of the rights for the protection of which the zone was 

established. According to the article 111(2) of UNCLOS iii, the right of hot pursuit shall apply mutatis mutandis to 



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violations in the exclusive economic zone or the continental shelf, such safety zones. According to the article 111(4) 

of UNCLOS iii, the pursuit may only be commenced after a visual or auditory signal to stop has been given at a 

distance which enables it to be seen or heard by the foreign ship. 

6. Recommendation 

6.1 On Territorial Sea 

The government may declare the limits of the sea beyond the land territory and internal waters of Bangladesh which 

shall be the Territorial Sea of Bangladesh specifying the notification the baseline.  

• From which such limits shall be measured; and  

• The waters on the land ward side of which shall form part of the internal waters of Bangladesh. 

Where a single island rock or a composite group there of constituting the part of the territory of Bangladesh is 

situated seawards from the main coast or baseline, Territorial Sea shall extend to limits declare by notification 

measured from the low waterline along the coast of such island, rock or composite group. The sovereignty of the 

republic extends to the territorial waters as well as to the air space over and the bed and of such waters. No foreign 

ship shall unless it enjoys the right of innocent passage, pass through the territorial waters.   

6.2 On Contiguous Zone 

The zone of high sea contiguous to the territorial waters and extending seawards to a line 06 nautical miles measured 

from the outer limits of the territorial water is hereby declared to be the Contiguous Zone of Bangladesh (according 

to the Territorial Waters and Maritime Zones Act 1974). And now Bangladesh may establish 24 nautical miles of 

Contiguous Zone as against 06 nautical miles which declared under the Act of 1974. The government may exercise 

such powers and take such measures in or respect of the contiguous zone. As it may consider necessary to prevent 

and punish the contravention of an attempt to contravene any law or regulations in force in Bangladesh relating to 

the security of the republic , the immigration and sanitation, and custom and other fiscal matters.    

6.3 On Exclusive Economic Zone 

The Government may, by notification in the official Gazette, declare any zone of high seas adjacent to the Territorial 

Sea to be the Exclusive Economic Zone of Bangladesh specifying there in the limit of the zone from baseline to 200 

nautical miles ( according to 1982 convention). All natural resources within the Exclusive Economic Zone, both 

living and non living on or under the seabed and subsoil or on the water surface or within the water column shall 

vest exclusively in the republic. Nothing shall be dressed to be the affect fishing within the Exclusive Economic 

Zone by a citizen of Bangladesh or any other state.  .  

6.4 On Continental Shelf 

A Continental Shelf is that zone, where every state can use it for their own purposes. It is the area beyond high sea. 

Therefore, it is the place is not under control of any state. But to avoid certain difficulties government may, by 

notification in the official Gazette, specific the limits there of. No person shall except permission in accordance with 

the terms of a license or permission granted by the Government explore or exploit any resources of the continental 

shelf or carry out any search or excavation or conduct any research with the limit of the continental shelf. 

The government may with a view preventing and controlling marine pollution and preserving the quality and 

geological balance in the marine environment in the high seas adjacent to the territorial coasters, take such measures 

as it may dress appropriate for the purpose. The Government may make rotes for carrying out the purpose of this Act 

in particular and without prejudice to the generality of the foregoing power, such rotes may provide. 

• For the regulation of the conduct of any person in and upon the territorial coaters, contiguous zone, 

conservation and continental shelf. 

• For measures to protect, use and exploit the resources of the Exclusive Economic Zone. 

• For conservation measures to protect the living resources in the sea. 

• For measures regulating the exploration and exploitation of resources within the Continental shelf.  

• For measures designed to prevent and control of marine pollution of the high sea. 

7. Conclusion 

In the light of the latest maritime verdict, our responsibilities for controlling our portion of the Bay have increased. 

Effective, responsible and coordinated efforts of the concerned authorities are needed for protecting our maritime 

boundary and its living and nonliving natural resources. Because it is not needed to pay or contribute to The 

International Sea-bed Authority for any productions from the territorial sea to open sea within five years. For the six 

year, the rate of payment or contribution shall be 1 percent of the value or volume of production at the site. The rate 

shall increase by 1 percent for each subsequent year until the twelfth year and shall remain 7 percent thereafter. So, 

we must move forward dynamically to explore, exploit, conserve and manage all kinds of living and nonliving 

natural resources in our different sea area. 

 



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Website:www.pca-cpa.org 

 

 

 

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