MARITIME BOUNDARY DELIMITATION AND NATIONAL DEVELOPMENT: THE BAY OF BENGAL AND THE GULF OF GUINEA IN PERSPECTIVE

Authors

  • Captain (NN) Ademoh Jatto Salami, ndc NDC

Keywords:

MARITIME BOUNDARY DELIMITATION, NATIONAL DEVELOPMENT

Abstract

The sea areas of Bangladesh are reportedly rich in straddling fish stocks and mineral resources, including hydrocarbons. But a long-standing dispute over maritime boundary delimitation with India and Myanmar remains a major stumbling block in the exploration of these resources. The overlapping claims of these three countries over the maritime zones need to be settled for peaceful exploration of natural resources in the Bay. While India and Myanmar want to delimit the maritime boundary on the basis of the equidistance principle, Bangladesh demands that the delimitation should be based on the equitable method. The special geographical circumstances of the coastal zones of these countries, especially Bangladesh, warrant that any delimitation must result in an equitable solution. In this connection, the international courts and tribunals including the UNCLOS 1982 clearly demonstrate that there has been a shift from the equidistance principle to the equitable principle of delimitation and that the equitable principle is the preferred method of delimitation. It was on this basis that the International Tribunal for the Law of the Sea (ITLOS) and the Permanent Court of Arbitration (PCA) delivered verdicts on the dispute between Bangladesh-Myanmar and Bangladesh-India respectively. In the Gulf of Guinea case between Nigeria and Cameroun, the International Court of justice awarded the oil rich Bakassi Peninsula to Cameroun in a winner takes all judgment in 2002. On the contrary, Nigeria and Sao Tome & Principe agreed on joint exploration and exploitation of the resources in the overlapping zone between them and to share the proceeds derived from the Joint Development Zone in a 60:40 ratio in favour of Nigeria and Sao Tome & Principe respectively. The demarcation of the maritime zones in the Bay of Bengal resolved a lingering 40 year maritime dispute between the three nations. It would in turn permit the unhindered exploitation and harvest of the resources of the Bay towards economic growth and national development of the three nations. Comparatively, Nigeria lost out in the case with Cameroun. However, the country is presently benefiting from the Joint Development Arrangement with Sao Tome & Principe. Based on the two scenarios, this study reviews the pros and cons of outright delimitation of maritime boundary delimitation on one hand and on the other, the adoption of a Joint Development Agreement either in addition to or in lieu of maritime boundary delimitation. A comparison was made between the two options and a recommendation for joint development in addition to delimitation was made for Bangladesh.

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Published

2015-06-30

How to Cite

Captain (NN) Ademoh Jatto Salami, ndc. (2015). MARITIME BOUNDARY DELIMITATION AND NATIONAL DEVELOPMENT: THE BAY OF BENGAL AND THE GULF OF GUINEA IN PERSPECTIVE . NDC E-JOURNAL, 14(1), 8: 1-19. Retrieved from https://ndcjournal.ndc.gov.bd/ndcj/index.php/ndcj/article/view/145