CYIL Vol. 7, 2016
CYIL 7 ȍ2016Ȏ THE BAY OF BENGAL MARITIME ARBITRATION Unlike equidistance, which responds to only the most prominent micro-geographic features, the angle bisector method generalizes irregular coastal features. 14 If a party can establish the necessity (special circumstances) for using the angle bisector method, then the tribunal will adjudge to deviate from the regular equidistance method. 3. The Background of the Dispute In 1970, the now defunct East Pakistan witnessed one of the most devastating cyclones of all times. The Bhola cyclone took more than 500,000 people. However, it also gave birth – to a small island. Situated approximately 3.5 kilometres from the mouth of the river Haribhanga, it was named New Moore by India and South Talpatti by Bangladesh. Immediately tensions ensued over the sovereignty of the island. 15 River Haribhanga is the water body that acts as the water boundary between India and Bangladesh, making the island’s situation geopolitically significant. For 30 years before the initiation of this dispute the two countries held unfruitful bilateral negotiations to resolve the matter. What’s worthy of note is that by the time the arbitration tribunal decided the fate of the island, it was already resting underneath the protection of its mother sea. 16 New Moore Island is not the only maritime boundary issue between the two countries. For about 40 years both countries could not come up with a feasible maritime border. Bangladesh aspired for a straight southward line while India’s planned line was more towards the southeast. 17 When both countries started unilaterally exploring the resources in the area, it was time to find a permanent solution. Mentioning the 2012 Bangladesh-Myanmar ITLOS (InternationalTribunal for the Law of the Sea) judgment is pertinent at this juncture. Both cases are closely connected as both pertain to the delimitation of the Bay of Bengal. Bangladesh feared being zone- locked between the two countries and post failed bilateral negotiations instituted a case for delimitation against both countries in 2009. This ITLOS judgment was heavily referred to during the India-Bangladesh arbitration. Bangladesh also made certain amendments to its arguments post the publication of this judgment. The judgment went in favour of Bangladesh. 18 14 Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras) , 287-289. 15 India-Bangladesh relations , Economic and political weekly , (Bombay, May 23 1981). 16 ISHAK MIA, ‘Climate Change, Sea Level Rise and Conflict Resolution of South Talpatti/New Moore Island’, ( Peace and Conflict Monitor , July 15 2013)
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