Jurisdictional Challenges in the Bay of Bengal's Growing Maritime Spaces

Md. Al Mehedi Hasan Talukdar

The Bay of Bengal, which borders eight nations—Bangladesh, India, Myanmar, Sri Lanka, Thailand, Indonesia, Malaysia, and the Maldives—is one of the world’s largest and most significant bodies of water, spanning over 2.2 million square kilometres. (1) Rich in natural resources like fish, oil, gas, minerals, and biodiversity, the Bay is essential to regional and international trade, security, and cooperation. However, the dynamic and complex nature of its maritime spaces, which have expanded significantly due to the implementation of international law and the resolution of certain maritime boundary disputes, presents numerous legal challenges.

A key factor contributing to the Bay of Bengal’s legal complexity is the variety of maritime zones established by the United Nations Convention on the Law of the Sea (UNCLOS), which was opened for signature on 10 December 1982 and entered into force on 16 November 1994. (2) UNCLOS governs various aspects of maritime governance, including zone management, environmental protection, dispute settlement, and cooperation. It establishes several maritime zones, such as the territorial sea, the contiguous zone, the exclusive economic zone (EEZ), the continental shelf, and the high seas. While coastal states exercise sovereignty or sovereign rights within their territorial sea, EEZ, and continental shelf, the high seas and the Area, which lie beyond national jurisdiction, are governed by international law. The jurisdiction and management of resources and activities within these zones differ for coastal and non-coastal states, making the Bay of Bengal’s legal landscape particularly intricate.

Due to the enactment of UNCLOS and the settlement of long-standing maritime boundary disputes—such as those between Bangladesh, Myanmar, and India—the coastal states' maritime zones in the Bay of Bengal have significantly expanded in recent years. In 2012, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark ruling on the maritime boundary between Myanmar and Bangladesh, determining the boundary line in the territorial sea, EEZ, and the continental shelf within and beyond 200 nautical miles. (3) Similarly, in 2014, an arbitral tribunal defined the extent of Bangladesh and India’s maritime entitlements in the Bay, including their territorial sea, EEZ, and continental shelf. (4) As a result of these rulings, Bangladesh gained access to an additional 118,813 square kilometres of sea, more than twice the area it previously controlled. (5)

The expansion of maritime jurisdictions in the Bay of Bengal has transformed the legal and economic landscape, presenting new opportunities alongside significant challenges. One positive outcome is the increased potential for the exploration and extraction of non-living resources, such as minerals, oil, and gas, primarily located on the ocean floor and continental shelf. Coastal nations are actively developing these resources and seeking investments from both local and international partners. For instance, international oil companies have been granted access to parts of Bangladesh’s continental shelf for exploration. (6) The country has also submitted a claim for an extended continental shelf beyond 200 nautical miles to the UNCLOS-established Commission on the Limits of the Continental Shelf (CLCS). (7) Similarly, India and other coastal states like Myanmar, Thailand, and Sri Lanka have expanded their offshore oil and gas industries and submitted claims for enlarged continental shelves to the CLCS. (8, 9)

However, with these opportunities come new challenges, particularly concerning environmental preservation and the sustainable use of marine resources. Effective regulation is crucial to mitigate the environmental risks associated with the exploration and exploitation of non-living resources in the continental shelf and deep seabed. Additionally, the sustainable management of living marine resources, particularly fish stocks (which are mostly found in the EEZ and high seas), requires enhanced coordination among coastal states, regional bodies, and international organizations. Improved cooperation is necessary to avoid overfishing, protect biodiversity, and ensure the equitable use of shared resources.

The expansion of maritime jurisdictions also raises concerns about maritime security, navigation, and communication. Threats such as piracy, terrorism, smuggling, illegal fishing, and accidents pose risks to regional and global commerce and security. Maintaining peace and stability in the Bay of Bengal may require the use of peaceful dispute resolution mechanisms, such as negotiation, mediation, arbitration, and adjudication, in accordance with UNCLOS and other relevant international agreements. To promote regional cooperation and ensure the efficient management of the Bay’s resources, joint development initiatives and frameworks for bilateral, regional, and international collaboration will be crucial. (10)

In conclusion, the expansion of maritime jurisdictions in the Bay of Bengal, driven by the evolution of international law and the resolution of maritime disputes, underscores the region's complexity. Coastal and non-coastal states, along with regional and international organizations, must work collaboratively to maintain the Bay of Bengal as a secure, thriving, and environmentally sustainable maritime zone for future generations.

Md. Al Mehedi Hasan Talukdar is a student at the Department of Maritime Law and Policy, Bangabandhu Sheikh Mujibur Rahman Maritime University, Bangladesh.

Photo Credit: Pushkar Anand Rathore

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References:

1. Farhan, N. (2022). Bay of Bengal as Strategic Construct in the Maritime Space. Bangladesh Institute of Peace and Security Studies. Link
2. United Nations (2024, June 7). States Parties to United Nations Convention on Law of Sea Will Hold Thirty-Fourth Meeting at Headquarters. United Nations. Retrieved October 4, 2024, from Link
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