Grey clouds or clearer skies ahead? Implications of the Bay of Bengal Case

On 14 March 2012, the International Tribunal on the Law of the Sea (ITLOS) delimited a maritime boundary between Bangladesh and Myanmar. The Judgment represents a landmark decision as the Tribunal’s first maritime boundary delimitation case, the first adjudication of a maritime boundary in Asia and the first judicial delimitation of a maritime boundary for areas of “extended continental shelf” seaward of the 200 nautical miles (nm) limit. Rather than review the Judgment in detail, this contribution will highlight three notable, and to an extent potentially problematic, aspects of the decision: the approach to delimitation adopted and treatment of islands; relevant circumstances applicable within and beyond the 200nm limit; and, the creation of a so-called ‘grey area’.