A victory of legal instruments and diplomacy

The Permanent Court of Arbitration in the Hague in its award has settled the maritime boundary dispute between Bangladesh and India. It awarded an area of 19,467 square kilometres (sq km) to Bangladesh out of a total disputed area of about 25,602 sq km. In the delimitation process, Bangladesh has lost South Talpatty, which fell in the Indian territorial waters.
A five-member tribunal has delivered the verdict, which was released in Bangladesh immediately to the cheers of the people. Though the full claim of Bangladesh was not accepted, the country was happy that India had agreed to abide by the award as the peaceful settlement of the longstanding difference could not be settled through bilateral discussions. The role of India should be appreciated. If India had not agreed to go to international arbitration, there would not have been an easy solution.
No arbitration award is to be seen as victory of one against the other. Arbitration is a peaceful settlement agreeable to both sides.
The award opened a great prospect of exploring maritime resources like oil and gas within our jurisdiction in the Bay of Bengal.
The tribunal sustained Bangladesh's claims, as part of equitable solution, to a full 200 nautical-mile (NM) exclusive economic zone and to a substantial share of the extended continental shelf beyond 200 NM. Bangladesh, according to the Foreign Minister, had finally won more than 118,813 square kilometres, comprising the territorial sea, an exclusive economic zone extending out to 200 NM, across a sizable area of the waters in the Bay in the maritime boundary cases with India and Myanmar.
Most of the 10 gas blocks in the Bay, which had disputes with India, remained within Bangladesh waters, but some readjustments would be made with four blocks, said Rear Admiral (retd) Khurshed Alam, Head of the Maritime Affairs Unit of the Foreign Ministry. Similarly, Bangladesh had to readjust around 12 blocks out of l7 with Myanmar after the ITLOS verdict on the delimitation of the boundary. The ITLOS awarded Bangladesh 70,000 sq km area out of the total disputed area of 80,000 sq km involving Myamnar. Admitting the failure of Bangladesh to claim the South Talpatti, Khurshed Alam said the island did not exist anymore, and that it went under water after the cyclone in 1985.
Terming the verdict a victory for both the countries and "victory of friendship --- a win-win situation", the Foreign Minister said, "Our maritime disputes were resolved peacefully and according to international law," adding that the problem had hampered the economic development of both the countries for more than three decades.
The verdict has rightfully accredited Bangladesh claims to the full 200-nautical-mile Exclusive Economic Zone in the Bay of Bengal. The government will now take initiatives to tap maritime resources by using skilled manpower, collect optimum levels of marine fish, properly utilise probable mineral resources with a view to developing the fortunes of the underdeveloped people, who are the absolute owners of the resources.
To achieve the economic goals of the maritime boundary settlement, India and Bangladesh must now cooperate with each other.
 The delineation of the Bay of Bengal is somewhat similar to the North Sea ---another hydrocarbon-rich region of the world. But in our case, it was more difficult as the delineation followed the discovery of natural resources in the area, whereas the North Sea was delineated long before any such findings.
The judgment of the Permanent Court of Arbitration at the Hague has upheld what we consider to be the legitimate maritime boundary of Bangladesh. Through this verdict, justice has been done to both Bangladesh and India, truly marking a triumph of international legal instruments.
Delimitation of maritime boundary through arbitration has basically removed the possibility of casting a shadow over bilateral relations on this issue. All the countries can now peacefully exploit maritime resources without fear of overstepping others' boundaries. With the tribunal delineating which part of the Bay belongs to which country, the stage is now set for Bangladesh to explore potential hydrocarbon resources that are thought to exist offshore.
Now there is the equally important task of utilising the "window of opportunity". Global experience advocates gaining expertise through joint ventures in the energy sector.
The government of Sheikh Hasina deserves appreciation for the deft handling of the case of arbitration and bringing it to an auspicious conclusion that has been favourable towards Bangladesh. This is a credible act of the government. The litigation process was handled by a group of maritime experts, and a capable team of internationally renowned solicitors helped enormously to get a legitimate share of the maritime territories of the Bay.
This victory, coupled with the judgement two years ago resolving maritime boundary disputes between Bangladesh and Myanmar - is a great leap forward for our country, which opens up vast possibilities for tapping into maritime resources. Gaining the rights to exploit potential hydrocarbon resources would give a tremendous boost to our economy.
The clear delineation of boundaries will help India as well. Now that these disputes have been put behind us, both the countries can plan more efficiently to pursue their national interests within unambiguous bounds set by the court.
It is commendable that both our government and that of India took recourse to the rule of law to resolve this matter. It is, then, a victory of legal instruments and diplomacy. We hope that in the future, too, bilateral relations will be strengthened and conflicts minimised in the same legal and civilised manner in which the maritime dispute has been resolved.
Dr. Anu Mahmud is an economic analyst.
 anumahmud@yahoo.com