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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)
article=1003>, last accessed 1 May 2016.
17 SYED AHAMED, ‘Bangladesh-India: Conflicts over land and maritime boundaries’, (Forum,
September 2011), >, last accessed
1 May 2016.
18 DAVID RIESENBERG, ‘Introductory Note to the International Tribunal for the Law of the Sea:
Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal
(Bangladesh/Myanmar)’ (2012) 51(4), International Legal Materials, 840.