Entitlement and delimitation
397. Delimitation presupposes an area of overlapping entitlements.
Therefore, the first step in any delimitation is to determine whether there are
entitlements and whether they overlap.
398. While entitlement and delimitation are two distinct concepts addressed
respectively in articles 76 and 83 of the Convention, they are interrelated. The
Parties also recognize the interrelationship between entitlement and
delimitation. Bangladesh states that “[t]he Tribunal must answer this question
before it can delimit the shelf: does either Party have an entitlement to a
continental shelf beyond 200 [nm]?” Likewise, Myanmar observes that “the
determination of the entitlements of both States to a continental shelf beyond
200 [nm] and their respective extent is a prerequisite for any delimitation”.