356. Bangladesh observes that there is no conflict between the roles of the
Tribunal and the Commission in regard to the continental shelf and that, to the
contrary, the roles are complementary. Bangladesh also states that the
Tribunal has jurisdiction to delimit boundaries within the outer continental shelf
and that the Commission makes recommendations as to the delineation of the
outer limits of the continental shelf with the Area, as defined in article 1,
paragraph 1, of the Convention, provided there are no disputed claims
between States with opposite or adjacent coasts.
357. Bangladesh adds that the Commission may not make any
recommendations on the outer limits until any such dispute is resolved by the
Tribunal or another judicial or arbitral body or by agreement between the
parties, unless the parties give their consent that the Commission review their
submissions. According to Bangladesh, in the present case, “the Commission
is precluded from acting due to the Parties’ disputed claims in the outer
continental shelf and the refusal by at least one of them (Bangladesh) to
consent to the Commission’s actions”.
356. Bangladesh observes that there is no conflict between the roles of the
Tribunal and the Commission in regard to the continental shelf and that, to the
contrary, the roles are complementary. Bangladesh also states that the
Tribunal has jurisdiction to delimit boundaries within the outer continental shelf
and that the Commission makes recommendations as to the delineation of the
outer limits of the continental shelf with the Area, as defined in article 1,
paragraph 1, of the Convention, provided there are no disputed claims
between States with opposite or adjacent coasts.
357. Bangladesh adds that the Commission may not make any
recommendations on the outer limits until any such dispute is resolved by the
Tribunal or another judicial or arbitral body or by agreement between the
parties, unless the parties give their consent that the Commission review their
submissions. According to Bangladesh, in the present case, “the Commission
is precluded from acting due to the Parties’ disputed claims in the outer
continental shelf and the refusal by at least one of them (Bangladesh) to
consent to the Commission’s actions”.
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