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Thursday, March 15, 2012

Re: [chottala.com] FM success



Captain Saab

Further to below could not resist to add further, Am just quoting FM from the report you have attached: 

Today's ruling constitutes the equitable solution that Bangladesh has long desired, but was unable to obtain during 38 years of diplomatic stalemate preceding the lawsuit," the Foreign Minister asserted.

She herself admits diplomacy failed and we had to go for lawsuit. :)))))))





Sent from my iPad

On Mar 15, 2012, at 10:32 PM, Morshed Mamun <prometheus_671@hotmail.com> wrote:

Sometime I wonder what sort of captive brain you have my dear Captain ????? Wonder how can a moron like you became a Captain ?????

What sort of diplomacy you have seen here? This is not the success of diplomacy but rather when diplomacy failed we had to go to International Court.
In International court you don't win cases through diplomacy rather you need expert deliberations / arguments.
We should be appreciative to our expert panel of International lawyers and especially our local expert on UNCLOS and maritime boundary Rear Admiral Khurshed.

Effective arbitration ??? Dr Kamal Hossain and Senior Lawyer should learn at the old stage ??? What you meant??? May be you meant at this old stage-  Dr Kamal or other senior lawyer are not expert on UNCLOS or maritime matters.

I don't know why you have you to discredit eminent people when they don't sing your song or and give credit to people who actually don't deserve???  

On Mar 15, 2012, at 3:48 PM, Captain Chowdhury <captchowdhury@yahoo.ca> wrote:

 

LADIES CAN MAKE DIFFERENCE!!!

VERY GOOD DIPLOMACY, BETTER THAN MANY EDUCATED DIPLOMATS WE HAVE SEEN IN THE PAST. EFFECTIVE ARBRITRATION !! DR KAMAL HOSSAIN AND SEBIOR LAWYER SHUD LEARN AT THE OLD STAGE.
THERE WILL BE GOOD BUSINESS FOR FISHING VESSEL OWNER WITH OIL/GAS EXPLORATION DURING THE PERIOD WHILE WE CAN MAKE VESSEL AS SHIP BUILDER !
----------------------------------------------------

Bangladesh wins 200 mile in Bay

The courtroom of International Tribunal for the Law of the Sea.Photo: Internet
Bangladesh won a landmark verdict at the International Tribunal for the Law of the Sea Wednesday, which sustained its claims to 200-nautical-mile exclusive economic and territorial rights in the Bay of Bengal rejecting claims of Myanmar.
The verdict of the court went absolutely in Bangladesh's favour and even beyond, as it gave more than what Bangladesh had asked for. The judgment is final and cannot be appealed against.
The verdict of the tribunal gave Bangladesh a substantial share of the outer continental shelf beyond 200 miles, which would open ways for offshore oil and gas exploration in the Bay.
The tribunal also awarded Bangladesh a full 12-mile territorial sea around St Martin's Island, overruling Myanmar's argument that it should be cut in half.
"We have got what we wanted. We got everything and even we got more than what we wanted. We are happy, we are absolutely delighted," cheerful Foreign Minister Dipu Moni told The Daily Star over the phone from Hamburg, Germany.
"This is a great day for Bangladesh. All our strategic objectives were achieved," she said, adding that Bangladesh could now proceed with its oil and gas exploration in the area. "In our claims, we wanted around 1 lakh square mile, but the tribunal in its verdict gave us 1.11 lakh square miles," she said.
Wednesday's 151-page judgment was the first by any court or tribunal to delimit the maritime area beyond 200 miles, known as the "outer continental shelf", and is certain to establish an important precedent in that regard.
"Bangladesh's full access to the high seas out to 200 miles and beyond is now recognised and guaranteed, as our undisputed rights to the fish in our waters and the natural resources beneath our seabed," Minister Dipu Moni said.
President of the tribunal Jose Luis Jesus of Cape Verde read out the judgment in the courtroom yesterday. The 23-member panel of judges of the tribunal delivered its final judgment after following a series of procedures and long hearings between September 8 and September 24, 2011, when both the countries presented their arguments for their claims.
The verdict, which the judges passed voting 21 to 1, brings to a conclusion the case initiated by Bangladesh against Myanmar on October 8, 2009 to resolve a longstanding dispute over the maritime boundary.
Bangladesh lodged the cases after India and Myanmar unfairly, according to Bangladesh, cut off a significant portion of Bangladesh's maritime area in the Bay.
Bangladesh's objection to Myanmar's claim was lodged with the tribunal and its objection to the Indian claim was filed with the UN's Permanent Court of Arbitration based in The Hague, Netherlands. The arbitration with India is expected to be settled in 2014.
Bangladesh favours a principle based on "equity" while India and Myanmar favours "equidistance" system to get bigger maritime areas.
Under a UN charter, the principle of "equity" takes into account a country's population, economic status and needs, GDP growth, and other human issues, while the "equidistance" system marks the boundary through geometric calculations.
According to UNCLOS, any such dispute should be resolved on the basis of equity, and in the light of relevant circumstances. And that makes Bangladesh's demand for equity-based demarcation justified, experts said.
Foreign Minister Dipu Moni, who was present at the courtroom during the judgment, told The Daily Star immediately after the verdict that the people of Bangladesh are deeply connected to and dependent on the Bay of Bengal, both as a source of nutrition and for employment.
The legal certainty afforded by this ruling will ensure that "we will be able to maximize the benefit of this important resource for the people of Bangladesh while at the same time ensuring long-term sustainability," she added.
The Foreign Minister added that energy-starved Bangladesh's exploration for petroleum and natural gas in the Bay of Bengal, long delayed by conflicting boundary claims, can now proceed.
The judgment will now allow Bangladesh Conoco Philips to explore oil and gas for Bangladesh in deep-sea areas previously disputed by Myanmar. The oil company conditionally signed a production sharing contract last year leaving out the disputed area.
It kept a provision saying the company will explore the disputed area after the issue is settled.
"Today's ruling constitutes the equitable solution that Bangladesh has long desired, but was unable to obtain during 38 years of diplomatic stalemate preceding the lawsuit," the Foreign Minister asserted.
"The bold and visionary decision of the Prime Minister to seek a binding judicial resolution of this longstanding dispute has been vindicated."
"But it is a victory for both States," the Foreign Minister emphasised, "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. We salute Myanmar for its willingness to resolve this matter by legal means and for its acceptance of the tribunal's judgment."
Myanmar had claimed that its maritime boundary with Bangladesh cut directly across the Bangladesh coastline, severely truncating Bangladesh's maritime jurisdiction to a narrow wedge of sea not extending beyond 130 miles.
Myanmar also claimed that the tribunal lacked jurisdiction to award continental shelf rights beyond 200 miles from either State's coast. The tribunal rejected both of these arguments.
"We are very pleased with the expertise, fairness and efficiency of ITLOS and its judges," said Bangladesh's Foreign Minister. "The case was resolved, from beginning to end, in a little over two years. This is unprecedented for judicial efficiency in a maritime boundary case."
As the Agent of Bangladesh in the proceedings, the Foreign Minister presided over an eminent legal team, including: the Deputy Agent, Rear Admiral (Ret) Md. Khurshed Alam, as well as attorneys James Crawford, Philippe Sands and Alan Boyle of the United Kingdom, Paul Reichler and Lawrence Martin of the United States, and Payam Akhavan of Canada.
Myanmar was represented by its Agent, Attorney General Tun Shin. Its counsel included Alain Pellet and Mathias Forteau of France; Sir Michael Wood of the United Kingdom; and Coalter Lathrop of the United States.
It may be mentioned that the army-backed emergency government invited bids for offshore exploration in February 2008 after dividing its sea territory in the Bay into 28 blocks.
But both India and Myanmar raised objections in all most all the blocks bordering their maritime boundary that refrained Bangladesh to explore oil-gas. Even Myanmar claimed rights to part of an area of Bangladesh and at the peak of the dispute in 2008, a war-like situation was created as both the countries sent naval ships to the disputed area.
The tribunal, based in Hamburg, Germany, was established by the United Nations Convention on the Law of the Sea to adjudicate disputes between states concerning issues covered by the convention, including the delimitation of maritime boundaries.



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