Transcription

SUBMISSION BYTHE PEOPLE’S REPUBLIC OF BANGLADESH TOTHE COMMISSION ON THE LIMITS OF THECONTINENTAL SHELFEXECUTIVE SUMMARY(AMENDED)BGD ES DOC AMD2020

People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 2020

Table of ContentsPreface31. Introduction42. Provisions of Article 76 Invoked53. Regional Overview and Outer Limits of the Continental Shelf64. Settled and Outstanding Delimitations75. Advisory Assistance76. Maps and Coordinates7Map 1Map Depicting the Outer Limits of the Continental Shelfof the People’s Republic of BangladeshTable 1Fixed Point defining the Outer Limits of the ContinentalShelf of the People’s Republic of BangladeshPeople’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 202088

People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20204

PrefaceThis submission (Submission) by the People’s Republic of Bangladesh was prepared under the“UNCLOS 1982 Implementation Special Program” of the Ministry of Foreign Affairs.The following Government Ministries, institutions, organisations and advisers were involved in thepreparation of the Amended Submission:§ Ministry of Foreign Affairs;§ Bangladesh Navy;§ Geological Survey of Bangladesh;§ Bangladesh Oil, Gas and Mineral Corporation (Petrobangla);§ Bangladesh Petroleum Exploration and Production Company Limited (BAPEX);§ Bangladesh Space Research and Remote Sensing Organization (SPARRSO);§ Dr Lindsay Parson, Dr Rosemary Edwards, Maritime Zone Solutions Ltd; and,§ Mr Joshua Brien, Legal Adviser.People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20205

People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20206

Executive Summary1.Introduction1.1This Executive Summary forms part of the Amended Submission by the People’s Republicof Bangladesh (‘Bangladesh’) to the Commission on the Limits of the Continental Shelf(‘Commission’) made pursuant to Article 76, paragraph 8 of the 1982 United NationsConvention on the Law of the Sea (‘Convention’).1.2Bangladesh is a unitary, independent, sovereign Republic located in a region of South Asiathat straddles the fertile Ganges-Brahmaputra Delta. It is bordered by the Republic of India(‘India’) on all sides, with the exception of a land/river boundary with the Union of Myanmar(‘Myanmar’) to the far southeast and its southern coastline on the Bay of Bengal.1.3Bangladesh is a State Party to the Convention, having signed it on 10 December 1982 andlater ratified it on 27 July 20011 .1.4As provided for under Article 76, paragraph 1 of the Convention, Bangladesh has acontinental shelf comprising the seabed and subsoil of the submarine areas that extendbeyond its territorial sea throughout the natural prolongation of its land territory to theouter edge of the continental margin, up to the limits provided for in paragraphs 4 to 6 ofArticle 76 or, to a distance of 200 nautical miles (‘M’) from the baselines from which thebreadth of the territorial sea of Bangladesh is measured (‘territorial sea baselines’) wherethe outer edge of the continental margin does not extend beyond that distance.1.5This Submission is made by Bangladesh in support of the outer limits of its continentalshelf where it extends beyond 200 M from the territorial sea baselines.1.6It is noted that Bangladesh made a Submission to the Commission on 25 February 20112.This Amended Submission replaces the original Submission in its entirety in order to giveeffect to the Judgement of the International Tribunal for the Law of the Sea (ITLOS) in theDelimitation of the maritime boundary in the Bay of Bengal (Bangladesh/Myanmar), Judgment, ofSee: src TREATY&mtdsg no XXI6&chapter 21&Temp mtdsg3&clang en).12See: https://www.un.org/Depts/los/clcs new/submissions files/submission bgd 55 2011.htmPeople’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20207

14 March 2012 (‘Bangladesh/Myanmar Judgement’)3 and the Award in the Matter of theBay of Bengal Maritime Boundary Arbitration between the People’s Republic ofBangladesh and the Republic of India of 7 July 2014 by the Arbitral Tribunal(‘Bangladesh/India Award’)4, which resulted in the delimitation of maritime boundariesrespectively between Bangladesh and Myanmar and Bangladesh and India, includingareas of continental shelf extending beyond 200 M of the territorial sea baselines.1.7For the purposes of this Amended Submission, Bangladesh has applied the relevant provisionsof Article 76 of the Convention, the Rules of Procedure of the Commission on the Limits ofthe Continental Shelf (CLCS/40/Rev.1), adopted by the Commission on 17 April 2008(‘Rules of Procedure’), and the recommendations contained in the Scientific and TechnicalGuidelines of the Commission on the Limits of the Continental Shelf (CLCS/11) adoptedby the Commission on 13 May 1999 (‘the Guidelines’).1.8The Amended Submission is presented in the following parts:an Executive Summary;a main analytical and descriptive part (‘Main Body’); and,the required supporting scientific and technical data (‘Supporting Scientificand Technical Data’).1.9This Executive Summary provides a brief description of the relevant area of continentalshelf beyond 200 M from the territorial sea baselines and a depiction of the outer limits ofthe continental shelf determined by Bangladesh.2.Provisions of Article 76 Invoked2.1Paragraphs 4 to 6 of Article 76 set out specific formulae and constraints by which a coastalState such as Bangladesh may establish the outer edge of its continental margin, and itslegal continental shelf, wherever that margin extends beyond 200 M from the territorial seabaselines.2.2As set out in paragraph 7 of Article 76, a coastal State is to delineate the outer limits of itscontinental shelf that extend beyond 200 M from the territorial sea baselines /cases/case no 16/published/C16 e’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20208

constructing straight lines not exceeding 60 M in length, connecting fixed points definedby coordinates of latitude and longitude.2.3Bangladesh has applied paragraphs 1, 2, 3, 4(a)(i), 5 and 7 of Article 76 of the Conventionin support of the determination of the outer limits of the continental shelf as outlined inSection 5 of this Executive Summary.3.Regional Overview and Outer Limits of the Continental Shelf3.1The landmass of Bangladesh, situated between the southern edge of the Himalaya Rangeand the northern limit of the Bay of Bengal, consists mainly of sediments deposited by theGanges-Brahmaputra-Meghna (‘GBM’) river systems and their ancestors.3.2The continental shelf of Bangladesh is represented by the submerged prolongation of theland territory of Bangladesh into the Bay of Bengal. Opening out to the Indian Ocean to thesouth, the Bay of Bengal covers an area of ocean space in the order of 2,172,000 km². Itis bordered by India and Sri Lanka to the west, Bangladesh and the Indian state of WestBengal to the north, and Myanmar together with the Andaman and Nicobar Islands of Indiato the east.3.3A number of large river systems, including the GBM, Godavari, Mahanadi, Krishna andKaveri all flow into the Bay of Bengal. The accumulation of sediments discharged by theseriver systems and their ancestors over millions of years, especially from the GBM, hasresulted in the development of a prominent submarine feature within the Bay of Bengalknown as the Bengal Fan. The Bengal Fan extends from 22 N to 8 S and from 80 E to93 E, and represents one of the world’s largest sedimentary basins.3.4A detailed examination of the geology of the region is presented in the Main Body of theAmended Submission. This includes a discussion of the natural prolongation of theBangladesh landmass and the extension of the outer edge of the continental marginbeyond 200 M measured from the territorial sea baselines of Bangladesh.3.5The outer limits of the continental shelf determined through the application of Article 76have been adjusted by Bangladesh so as to give effect to the Bangladesh/MyanmarJudgement by the ITLOS that delimits a maritime boundary between Bangladesh andMyanmar including where it extends beyond 200 M measured from the relevant territorialsea baselines, and the Bangladesh/India Award by the Arbitral Tribunal, which delimits amaritime boundary between Bangladesh and India including where it extends beyond 200M measured from the relevant territorial sea baselines.People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 20209

3.6Accordingly, the outer limits of the continental shelf of Bangladesh in this AmendedSubmission are defined by 1 fixed point (see: Map 1 below). The coordinates of the fixedpoint (in decimal degrees, latitude and longitude) are listed in Table 1 of this ExecutiveSummary.4.Settled and Outstanding Delimitations4.1Article 9 of Annex II to the Convention provides that the actions of the Commission shallnot prejudice matters relating to the delimitation of boundaries between States withopposite or adjacent coasts. The Commission has therefore adopted a practice, containedin Annex I to the Rules of Procedure, which is intended to prevent the consideration ofsubmissions covering disputed areas of continental shelf without the consent of the partiesin dispute.4.2In accordance with paragraph 2(a) of Annex I to the Rules of Procedure, Bangladesh notesthat the outer limits of the continental shelf presented in this Amended Submission havebeen adjusted to give effect to the binding maritime boundary delimitations established inthe Bangladesh/Myanmar Judgement and the Bangladesh/India Award referred to above.Accordingly, the determination of the outer limits of the continental shelf by theCommission in respect of area submitted by Bangladesh in this Amended Submission canno longer be considered to be the subject of any unresolved dispute between Bangladeshand any opposite or adjacent State for the purposes of Rule 46 and Annex I to the Rules ofProcedure.5.Maps and Coordinates5.1Map 1 depicts the outer limits of the continental shelf of Bangladesh. The coordinates indegrees, minutes, and seconds (DMS) of the fixed point that defines the outer limits of thecontinental shelf of Bangladesh is included in Table 1.5.2All maps, charts and databases forming part of this Amended Submission were prepared bythe Ministry of Foreign Affairs, which is responsible for certifying their quality and reliability.6.Advisory Assistance6.1Bangladesh was assisted in the preparation of the Submission by Dr. Harald Brekke aformer member of the Commission.People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 202010

MAP 1.Table 1Depiction of the Fixed Point defining the Outer Limits of the Continental Shelf of thePeople’s Republic of Bangladesh.FPLatitude ( N)Longitude ( E)Method116 43’ 28.7”89 25’ 54.3”Delimitation line intersectionCoordinates of the Fixed Point defining the Outer limits of the Continental Shelf of thePeople’s Republic of Bangladesh. All coordinates are expressed in the WGS84 geodeticreference system.People’s Republic of BangladeshAmended Submission to the Commission on the Limits of the Continental ShelfEXECUTIVE SUMMARY 202011