Myanmar submits that the test of proportionality – or, more precisely,
the absence of excessive disproportionality – confirms the equitable character
of the solution resulting from the provisional equidistance line. It further
argues that this line drawn in the first stage of the equidistance/relevant
circumstances method meets the requirement of an equitable solution
imposed by articles 74 and 83 of the Convention. Therefore, it is not
necessary to modify or adjust it in the two other stages.
* * *
290. The Tribunal will now consider whether the concavity of the coast of
Bangladesh constitutes a relevant circumstance warranting an adjustment of
the provisional equidistance line.