458. Another relevant circumstance indicated by Bangladesh is “the
continuing effect of Bangladesh’s concave coast and the cut-off effect
generated by Myanmar’s equidistance line, or by any other version of an
equidistance line”. According to Bangladesh, “[t]he farther an equidistance or
even a modified equidistance line extends from a concave coast, the more it
cuts across that coast, continually narrowing the wedge of sea in front of it”.
459. Given its position that Bangladesh’s continental shelf does not extend
beyond 200 nm, Myanmar did not present arguments regarding the existence
of relevant circumstances relating to the delimitation of the continental shelf
beyond 200 nm. The Tribunal observes that Myanmar stated that there are no
relevant circumstances requiring a shift of the provisional equidistance line in
the context of the delimitation of the continental shelf within 200 nm.
460. The Tribunal is of the view that “the most natural prolongation”
argument made by Bangladesh has no relevance to the present case. The
Tribunal has already determined that natural prolongation is not an
independent basis for entitlement and should be interpreted in the context of
the subsequent provisions of article 76 of the Convention, in particular
paragraph 4 thereof. The Tribunal has determined that both Parties have
entitlements to a continental shelf beyond 200 nm in accordance with
article 76 and has decided that those entitlements overlap. The Tribunal
therefore cannot accept the argument of Bangladesh that, were the Tribunal
to decide that Myanmar is entitled to a continental shelf beyond 200 nm,
Bangladesh would be entitled to a greater portion of the disputed area
because it has “the most natural prolongation”.