Laws of the sea in Bangladesh

Laws of the sea in Bangladesh:

The Constitution: Article: 143

Article 143 (1) (b) and  (2) are the law of the Sea related provision in Bangladesh Constitution.

According to Article 143 (1) (b) Say that Bangladesh shall Owner all lands,  Minerals and other valuable things within the territorial water or Continental Shelf in the bay of Bangladesh. 

Article 143 (1) (b) does not say anything about Contiguous Zone, Exclusive Economic Zone and Extended Continental self. It is one of the loophole of this Article. 

Bangladesh Constitution Can be said  that Bangladesh shall Owner all lands,  Minerals and other valuable things within the territory water, Contiguous Zone, Exclusive Economic Zone, Continental Shelf and Extended Continental self.  Or

       

 Bangladesh Constitution Can be said  that Bangladesh shall Owner all lands,  Minerals and other valuable things within Bay of Bangladesh.

According to Article 143 (2)  have given all power to the Parliament of Bangladesh to make law  related to determination of the boundaries of Bangladesh territorial waters and the continental shelf of Bangladesh sea from time to time.

Article 143 (2) does not say anything about Contiguous Zone, Exclusive Economic Zone and Extended Continental self. It is one of the another  loophole of this Article.

Bangladesh Constitution Can be given the power to the Parliament of Bangladesh to make law  related to determination of the boundaries of Bangladesh territory water, Contiguous Zone, Exclusive Economic Zone, Continental Shelf and Extended Continental self.  Or

Bangladesh Constitution Can be said that the Parliament of Bangladesh has the power to make law related to the determinates of the boundaries of Bangladesh sea.

  

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Critically Analysts the provisions of the territorial water and Maritime Zone Act, 1474  

Territorial Waters and Maritime Zones Act 1974, Act No. XXVI of 1974

The name of the act does not clearly cover all the expected in the sea of Bangladesh. Because the act only mentions The Territorial water. That means Bangladesh shall be Owner only Territorial water not to own Contiguous Zone, Exclusive Economic Zone, Continental Shelf and Extended Continental self.  

The right name Should be  of the act is Territorial Waters, Contiguous Zone, Exclusive Economic Zone, Continental Shelf and Extended Continental self and Maritime Zones Act 1974. Or

The Maritime Zones Act 1974. Or The Territorial Waters and The Maritime Zones Act 1974, or

The Territorial Waters and Other Zones Act 1974,

This Act is necessary to  amend because Article 143 (2) said that Parliament may make law from time to time  for the determination of the boundaries of the territory of Bangladesh. 

Because, the tribunal declared judgment on behalf of Bangladesh On 14 March 2012 against Myanmar.

After settling disputes with Myanmar on the maritime boundary, on July 7, 2014, the world witnessed the victory of Bangladesh. Now the opponent India.

whereas we have the Territorial Waters and Maritime Zones Act of 1974 as well as that of Rules of 1977. However, this old legislation is considered to serve the purpose of /the United Nations Convention on the Law of the Sea (UNCLOS), 1982/ UNCLOS. 

UNCLOS has been conflict with the Territorial Waters and Maritime Zones Act of 1974.

So far, no initiative has been taken to amend this old law. আজ পর্যন্ত এই পুরাতন আইনটি সংশোধনের উদ্যোগ নেয়া হয় নাই।

An act to provide for the declaration of the territorial waters and maritime zones.

 Whereas clause (2) of Article 143 of the Constitution provides that Parliament may, from time to time, by law

provide for the determination of the territorial waters and the continental shelf of Bangladesh;

 And whereas it is necessary to provide for the declaration of the territorial waters, continental shelf and other

maritime zones and for matter ancillary thereto;

 It is hereby

The Act has not given any proper and clear definition of the conservation zone, Contiguous zone, Continental shelf, economic zone, territorial Waters. And that has not given the definition of Exclusive Economic zone and Extended Continental shelf.

 The Act has not mention anything about  Extended Continental shelf and Exclusive Economic zone in any particular section.

Section: 8 control of pollution 

The Act has  given protection for pollution only to the Territorial Waters.

The Act should be given protection for pollution to the area of Territorial Waters, Contiguous zone Exclusive Economic Zone, Continental shelf and Extended Continental shelf.

Territorial  Waters and Maritime Zone Act, 1974 has only nice section which is made in 1974. But so far no Initiative has been taken to amend this Law. 

My suggestion is to amend this law by integrating it with The United Nation convention on the law of the sea   (1982) (UNCLOS).

Writer: Jubair Mahmud.