Bangladesh argues that State practice relevant to maritime delimitation
clearly indicates that an island adjacent to the coast may have an important
bearing on the delimitation of a maritime boundary. It states that islands, once
determined as such under article 121, paragraph 1, of the Convention, are
entitled to a 12 nm territorial sea and, in principle, their own exclusive
economic zone and continental shelf. Bangladesh further points out that the
right of States to claim a territorial sea around islands is also a well-established principle of customary international law and is recognized by Myanmar. In Bangladesh’s view, the burden is on Myanmar to persuade the
Tribunal why St. Martin’s Island should be treated as a special circumstance
and it has failed to meet that burden.