In the Name of Equality: The ‘Bengal Rule’

Abstract

Abstract Following a call for equal treatment from the Sri Lankan delegation, the Third United Nations Conference on the Law of the Sea recognized that the provision on sedimentary thickness in Article 76(4) of the United Nations Convention on the Law of the Sea would result in inequity for States in the southern part of the Bay of Bengal, as more than half of the margin would be cut off. Accordingly, the Conference adopted a ‘Statement of Understanding Concerning a Specific Method to Be Used in Establishing the Outer Edge of the Continental Margin’ that specifically applies to States in this area. This geographical limitation poses a question of equality: Are other States with a continental shelf with similar characteristics excluded? This article addresses this issue with reference to four States that have referred to the Statement in their submissions to the Commission on the Limits of the Continental Shelf.