(EnergyAsia, March 16 2012, Friday) — Lawyers acting for Bangladesh have claimed victory in the country’s territorial dispute with Myanmar over a full 320-km exclusive economic zone in the Bay of Bengal, and to a substantial share of the outer continental shelf beyond 320 km.

According to US-based Foley Hoag LLP, the International Tribunal for the Law of the Sea has ruled by a vote of 21 to 1 in favour of Bangladesh which initiated the case against Myanmar in December 2009 to resolve a longstanding dispute between the two neighbouring states over maritime boundary in the oil-and-gas rich Bay.

Myanmar had claimed that its maritime boundary cut directly across the Bangladesh coastline, severely truncating its neighbour’s maritime jurisdiction to a narrow wedge of sea not extending beyond 208 km. Myanmar also claimed that the Hamburg, Germany-based tribunal lacked jurisdiction to award continental shelf rights beyond 320 km from either state’s coast.

The tribunal rejected both of these arguments, said Foley Hoag LLP.

“This is a great day for Bangladesh,” said Foreign Minister Dipu Moni after listening to the President of the Tribunal, Jose Luis Jesus of Cape Verde, read the judgment in the Hamburg courtroom. The judgment is final and without appeal.

Dr Moni said: “All of our strategic objectives were achieved. Bangladesh’s full access to the high seas out to 320 km and beyond is now recognized and guaranteed, as are our undisputed rights to the fish in our waters and the natural resources beneath our seabed. Bangladesh claimed 107,000 sq km while it got 111,000 sq km area in the Bay of Bengal.”

He said Bangladesh can now proceed to continue exploration work for oil and gas in the Bay of Bengal that had been delayed by the boundary claims.

Bangladesh was successfully represented by Foley Hoag LLP led by partners Paul Reichler and Lawrence Martin. Its legal team also included Prof. James Crawford of Cambridge University, Prof. Philippe Sands of the University College London, Prof. Alan Boyle of the University of Edinburgh, and Prof. Payam Akhavan of McGill University.

Mr Reichler hailed the decision as “a balanced and equitable result that brings great credit to the Tribunal, and finally settles a long-standing boundary dispute in a manner acceptable to both states.”

Dr Moni said: “This is a victory for both states because it finally resolves – peacefully and according to international law – a problem that had hampered the economic development of both states for more than three decades.”

The International Tribunal, based in Hamburg and known as ITLOS, was established by the UN Convention on the Law of the Sea to adjudicate disputes between states concerning issues covered by the convention, including the delimitation of maritime boundaries. The 151-page judgment is the first by any court or tribunal to delimit the maritime area beyond 320 km, known as the “outer continental shelf”, and is certain to establish an important precedent in that regard.

Myanmar was represented by Profs. Alain Pellet and Mathias Forteau of the University of Paris, Sir Michael Wood of 20 Essex Street Chambers; and Coalter Lathrop of Sovereign Geographic, Inc.