As for differentiating water-column rights and continental-shelf rights, in
Bangladesh’s view, there is no textual basis in the Convention and such
solution could cause great practical inconvenience. According to Bangladesh,
“this is why international tribunals have sought at all cost to avoid the
problem and why differential attribution of zone and shelf has hardly ever
been adopted in State practice”.
468. Myanmar contends that “any allocation of area to Bangladesh
extending beyond 200 [nm] off Bangladesh’s coast, would trump Myanmar’s
rights to EEZ and continental shelf within 200 [nm]”. According to Myanmar,
“to advance a very hypothetical claim to the continental shelf beyond
200 [nm] against the sovereign rights enjoyed by Myanmar automatically
under article 77 of the Convention with respect to its continental shelf within
this distance, and against Myanmar’s right to extend its exclusive economic
zone” up to this limit, would be contrary to both the Convention and
international practice.