US law firm to represent Bangladesh in maritime dispute

by Mungpi
Friday, 16 October 2009 20:01

New Delhi (Mizzima) - A Washington-based law firm, Foley Hoag, has filed two international arbitration claims on behalf of the Bangladesh government against neighboring Burma and India, according to sources inside the agency.

Foley Hoag, in an email message, told Mizzima that their partner, Paul Reicheler, an international law specialist, is leading a team of lawyers in representing Bangladesh.

Bangladesh has sought United Nations arbitration to resolve ownership of the disputed seabed, which is believed to be rich in natural resources, Foley Hoag commented.

“Negotiations have been deadlocked for years, leaving international arbitration as the only way for Bangladesh to achieve peaceful and lawful resolutions of these maritime boundary issues,” Reichler said in the message.

On October 8, Bangladesh sent protest letters to Burma and India but did not receive any response.

Meanwhile, sources on the Burma-Bangladesh border said tension has risen in the area, with both armies reinforcing security. According to the Dhaka-based Daily Star, Bangladesh has deployed at least four warships to the Bay of Bengal.

Foley Hoag believes the issue will now be solved at the United Nations Convention on the Law of the Sea (UNCLOS), of which Bangladesh, Burma and India are signatories.

UNCLOS allows countries to claim an exclusive zone up to 200 miles offshore, and countries are also entitled to claim additional undersea territory if it is part of a continuous continental shelf extending from the shoreline.

Bangladesh’s complaint is that Burma has granted concessions to oil companies that “have engaged in drilling and other exploratory activities in disputed areas without prior notice to or consent by Bangladesh.”

The complaint against India is that it “denies Bangladesh any portion of its continental shelf whatsoever beyond 200 nautical miles, [and] is inconsistent with the principles and rules established by UNCLOS.”

Both Burma and India, who have so far not responded to the notice, have 30 days under applicable rules to appoint an arbitrator, or one will be appointed for them, according to Foley Hoag.

Burmese authorities have warned multinational companies not to engage in exploration in the disputed area. Meanwhile, Bangladesh has already given exploration rights to US-based ConocoPhillips and Irish company Tullow.

Tension began to rise between the countries after Burmese authorities warned ConocoPhillips to stop work earlier this month. Reportedly, both countries have deployed warships and frigates near the disputed waters.

According to Reichler, the Bay of Bengal is roughly only 400 miles across and the claims by the three countries to territorial waters converge at various places, leading to the underlying disputes.

Meanwhile, sources along the border said while the Burmese Army has increased its military presence along the border, bringing in at least five more battalions, Bangladesh is doing the same while scouting for a location for a temporary artillery camp.

Burmese authorities have also resumed the construction of border fences, bringing up yet another dispute. Bangladesh claims that the Burmese are constructing the fences within 50 yards from the zero-line, while the standard distance to maintain a no-man’s land should be 150 yards.