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ITLOS judgment in Bangladesh/Myanmar delimitation dispute

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Contd from page 04
504. From point 10, the single maritime boundary follows a geodetic line until point 11 with coordinates 20° 03' 32.0" N, 91° 50' 31.8" E.
505. From point 11, the single maritime boundary continues as a geodetic line starting at an azimuth of 215° until it reaches the area where the rights of third States may be affected.
XII. Operative clauses
506. For these reasons,
THE TRIBUNAL,
(1) Unanimously,
Finds that it has jurisdiction to delimit the maritime boundary of the territorial sea, the exclusive economic zone and the continental shelf between the Parties.
(2) By 21 votes to 1,
Finds that its jurisdiction concerning the continental shelf includes the delimitation of the continental shelf beyond 200 nm;
FOR: President JESUS; Vice-President TÜRK; Judges MAROTTA RANGEL, YANKOV, NELSON, CHANDRASEKHARA RAO, AKL, WOLFRUM, TREVES, COT, LUCKY, PAWLAK, YANAI, KATEKA, HOFFMANN, GAO, BOUGUETAIA, GOLITSYN, PAIK; Judges ad hoc MENSAH, OXMAN;
AGAINST: Judge NDIAYE.
(3) By 20 votes to 2,
Finds that there is no agreement between the Parties within the meaning of article 15 of the Convention concerning the delimitation of the territorial sea;
FOR: President JESUS; Vice-President TÜRK; Judges MAROTTA RANGEL, YANKOV, NELSON, CHANDRASEKHARA RAO, AKL, WOLFRUM, TREVES, NDIAYE, COT, PAWLAK, YANAI, KATEKA, HOFFMANN, GAO, GOLITSYN, PAIK; Judges ad hoc MENSAH, OXMAN;
AGAINST: Judges LUCKY, BOUGUETAIA.(4) By 21 votes to 1,
Decides that starting from point 1, with the coordinates 20° 42' 15.8" N, 92° 22' 07.2" E in WGS 84 as geodetic datum, as agreed by the Parties in 1966, the line of the single maritime boundary shall follow a geodetic line until it reaches point 2 with the coordinates 20° 40' 45.0" N, 92° 20' 29.0" E. From point 2 the single maritime boundary shall follow the median line formed by segments of geodetic lines connecting the points of equidistance between St. Martin's Island and Myanmar through point 8 with the coordinates 20° 22' 46.1" N, 92° 24' 09.1" E. From point 8 the single maritime boundary follows in a northwesterly direction the 12 nm envelope of arcs of the territorial sea around St Martin's Island until it intersects at point 9 (with the coordinates 20° 26' 39.2" N, 92° 9' 50.7" E) with the delimitation line of the exclusive economic zone and continental shelf between the Parties;
FOR: President JESUS; Vice-President TÜRK; Judges MAROTTA RANGEL, YANKOV, NELSON, CHANDRASEKHARA RAO, AKL, WOLFRUM, TREVES, NDIAYE, COT, PAWLAK, YANAI, KATEKA, HOFFMANN, GAO, BOUGUETAIA, GOLITSYN, PAIK; Judges ad hoc MENSAH, OXMAN;
AGAINST: Judge LUCKY.
(5) By 21 votes to 1,
Decides that, from point 9 the single maritime boundary follows a geodetic line until point 10 with the coordinates 20° 13' 06.3" N, 92° 00' 07.6" E and then along another geodetic line until point 11 with the coordinates 20° 03' 32.0" N, 91° 50' 31.8" E. From point 11 the single maritime boundary continues as a geodetic line starting at an azimuth of 215° until it reaches the 200 nm limit calculated from the baselines from which the breadth of the territorial sea of Bangladesh is measured;
FOR: President JESUS; Vice-President TÜRK; Judges MAROTTA RANGEL, YANKOV, NELSON, CHANDRASEKHARA RAO, AKL, WOLFRUM, TREVES, NDIAYE, COT, PAWLAK, YANAI, KATEKA, HOFFMANN, GAO, BOUGUETAIA, GOLITSYN, PAIK; Judges ad hoc MENSAH, OXMAN; 149
AGAINST: Judge LUCKY.
(6) By 19 votes to 3,
Decides that, beyond that 200 nm limit, the maritime boundary shall continue, along the geodetic line starting from point 11 at an azimuth of 215° as identified in operative paragraph 5, until it reaches the area where the rights of third States may be affected.
FOR: President JESUS; Vice-President TÜRK; Judges MAROTTA RANGEL, YANKOV, NELSON, CHANDRASEKHARA RAO, AKL, WOLFRUM, TREVES, COT, PAWLAK, YANAI, KATEKA, HOFFMANN, BOUGUETAIA, GOLITSYN, PAIK; Judges ad hoc MENSAH, OXMAN;
AGAINST: Judges NDIAYE, LUCKY, GAO.
Done in English and in French, both texts being equally authoritative, in the Free and Hanseatic City of Hamburg, this fourteenth day of March, two thousand and twelve, in three copies, one of which will be placed in the archives of the Tribunal and the others transmitted to the Government of the People's Republic of Bangladesh and the Government of the Republic of the Union of Myanmar, respectively.
(signed)
JOSE LUIS JESUS,
President
(signed)
PHILIPPE GAUTIER,
Registrar Judges NELSON, CHANDRASEKHARA RAO and COT, availing themselves of the right conferred on them by article 125, paragraph 2, of the Rules of the Tribunal, append their joint declaration to the Judgment of the Tribunal.
(initialled) L.D.M.N.
(initialled) P.C.R.
(initialled) J.-P.C.
Judge WOLFRUM, availing himself of the right conferred on him by article 125, paragraph 2, of the Rules of the Tribunal, appends his declaration to the Judgment of the Tribunal.
(initialled) R.W.
Judge TREVES, availing himself of the right conferred on him by article 125, paragraph 2, of the Rules of the Tribunal, appends his declaration to the Judgment of the Tribunal.
(initialled) T.T.
Judges ad hoc MENSAH and OXMAN, availing themselves of the right conferred on them by article 125, paragraph 2, of the Rules of the Tribunal, append their joint declaration to the Judgment of the Tribunal.
(initialled) T.A.M.
(initialled) B.H.O.
Judge NDIAYE, availing himself of the right conferred on him by article 30, paragraph 3, of the Statute of the Tribunal, appends his separate opinion to the Judgment of the Tribunal.
(initialled) T.M.N.
Judge COT, availing himself of the right conferred on him by article 30, paragraph 3, of the Statute of the Tribunal, appends his separate opinion to the Judgment of the Tribunal.
(initialled) J.-P.C.151
Judge GAO, availing himself of the right conferred on him by article 30, paragraph 3, of the Statute of the Tribunal, appends his separate opinion to the Judgment of the Tribunal.
(initialled) Z.G.
Judge LUCKY, availing himself of the right conferred on him by article 30, paragraph 3, of the Statute of the Tribunal, appends his dissenting opinion to the Judgment of the Tribunal.
(initialled) A.A.L.
(Concluded)