The Tribunal further notes that, on account of the concavity of the coast
in question, the provisional equidistance line it constructed in the present case
does produce a cut-off effect on the maritime projection of Bangladesh and
that the line if not adjusted would not result in achieving an equitable solution,
as required by articles 74 and 83 of the Convention.
294. This problem has been recognized since the decision in the North Sea
cases, in which the ICJ explained that “it has been seen in the case of
concave or convex coastlines that if the equidistance method is employed,
then the greater the irregularity and the further from the coastline the area to
be delimited, the more unreasonable are the results produced. So great an
exaggeration of the consequences of a natural geographical feature must be
remedied or compensated for as far as possible, being of itself creative of
inequity” (North Sea Continental Shelf, Judgment, I.C.J. Reports 1969, p. 3, at
p. 49, para. 89).