An Overview of the Statutory Laws and Regulations Relating to the Maritime Issues of Bangladesh: Loopholes and Recommendations

The research intention is to overview the existing laws and regulations regarding the maritime territory of Bangladesh. In this time demanding research, the researcher tries to point out, the legal circumstance of the sea territory of Bangladesh and how the sea territory is being protected. Where there are more 1350 statutory laws of State but not more than 2% is directly or indirectly related with the sea territorial concern. Whereas, its total area of sea territory is more than her land territory. Bangladesh geographically situated in shore of the Bay of Bengal. After its independence, it already has passed 48 years but till in this tenure couldn’t protect her vast sea territory as like her land boundary due to her two neighboring State’s concern and lack of legal and economic management. Last decade, major concerning issues with her two neighboring States already had been dissolved by the interferences of International Tribunal for the Law of Sea and the International Permanent Court of Arbitration. But due to its legal drawbacks, stockholders are not interested to come here as much as required. Here, researcher tries to identify the present legal status of the maritime issue of Bangladesh along its defects and recommendations.


Background of This Research
Bangladesh applied its secession to become independent in 1971 by a bloodshed historic war against Pakistan. Historically this territory had been originated in the time of Christen Era; later on it was governed and administered by Hindus, Muslim, British and Pakistan successively. Basically, Bangladesh is located in the southeast side of Asia. It has 147,570 square kilometer land territory with its undisputed sea territory (It remains 207,000 square kilometer sea territory); along its, 111,631 square kilometer won from Myanmar by the decision of International Tribunal of the Law of Sea and 19,467 square kilometer won from India by the award of Permanent Court of Arbitration. It has surrounded by two neighboring countries India-Myanmar and Bay of Bengal. India is situated her west, south and partial east sides, Myanmar is located other partial side of east and Bay of Bengal is located her north littoral side. Total surrounding boarder length is about 5000 kilometer. Among this land boarder is 4427 (4156 kilometers with India, 271 kilometers with Myanmar) and 710 kilometers is coastal territory connected with the Bay of Bengal (Belal, 2012). should also believe that due to the lethargy of the stable rolling party government of Bangladesh, we couldn't enact a comprehensive code for the proper utilization of the sea territory of Bangladesh after the solution of the conflicts with Myanmar and India. We have to run our maritime concern through the old laws. Most of them enacted before the commencement of UNLOS.

Research Challenges
In this research work, researcher tries to conferred all the responsibilities to the legislator of the country to ensure a comprehensive law for the better management of her sea territory, but which is so tough task for the legislator to make such type of comprehensive and codified law. Although, if the country able to enact such type of enactment but application of it will not fully depends only upon it. Neighboring countries cooperation here is a big challenge. Big States are always trying to control the small countries; here Bangladesh might have to be controlled by the India, China, USA or other big power country of the world.
Where Bangladesh would be fail to exercise its sovereignty upon its sea territory.

Objectives of This Research
Ultimate objectives of this research are as follows: 1) To find out the existing statutory laws and regulations of Bangladesh regarding the maritime issues; 2) To find out the international laws which are applicable for Bangladesh regarding the maritime issues; 3) To find out the loopholes of the existing laws and regulations of Bangladesh relating to this concern; 4) To give a recommendation for utilization of the sea territory of Bangladesh with the legal environment; and 5) To ensure a legal environment for the investors to invest in maritime territory peacefully.

Research Questions
These are very reasonable questions with this research work: 1) What are the existing constitutional and statuary laws of Bangladesh relating with the maritime issues of Bangladesh?
2) What are the existing international laws regarding the maritime issues applicable in Bangladesh?
3) What are the loopholes of these existing laws regarding the maritime issues? 4) How these laws shall be amended? 5) How a safe legal environment shall be established in this sea territory?

Significance of This Research
With a view to obtaining the ultimate use of this blue economy, the legislators of Bangladesh very shortly should enact a code for the proper management of the sea territory of Bangladesh or the existing laws relating to the maritime boundary should amend immediately. That's why the significance of this research is a time demanding aspect of the people of Bangladesh. To give a peaceful utilization of this boundary we should work very hard; especially for duties and responsibilities vested to the rolling government of the country. If the government can ensure a peaceful environment or sovereignty here, local and foreign investments in this area shall be increased safely and swiftly. To illuminate the future conflict between the two neighboring countries and others who will come here for different socio-economic reasons this research will play a significant rule.

Research Methodology
The work will be conducted by theoretical analysis and empirical data. For empirical data, national legislation, various types of national and international laws and by-laws, rules and case studies regarding maritime issue will be studied as the primary sources of empirical data. Secondary data will be collected through survey of various documents, books, newspapers, magazines, research articles from different renowned national and international journals as well as several websites related to the research papers. This research will also be basically conducted on the basis of the existing laws national and international laws on maritime issues.
Through this work, researcher will try to mention the existing laws and regulations regarding the maritime territory of Bangladesh. But, by this research some gaps will be come before the viewers. Such as: it will not provide a comprehensive code regarding the management of the sea territory of Bangladesh, it will not possible to ensure the tenure of time when the sea territory shall be safe for all, and finally this research couldn't find out the lacunas and recommendations of the existing international law and regulations regarding the maritime issue though the researcher will try to find out the statutory law's lacunas and recommendations.

Overview of the Present Maritime Laws of Bangladesh
Inherently Bangladesh is a follower of common law system due to the 200 years' subordination of British Monarch. Therefore, from 1757 to till 1947 this territory was administered through the British regime. In this tenure most of the legal development of this territory was happened. Though, Bangladesh was dominated by Pakistan from 1947 to 1971 there was no remarkable development happened in this territory not only in the legal field but other fields too. After the application of self-determination right of the citizen of East Pakistan, it got independence in 1971. After its independence in 1972 by a Presidential Order No-48 of 1972, the first President of the independent Bangladesh Banghubondhu Shekh Mojibur Rahman commonly known as the Father of Nation of Bangladesh adopted numerous enactments which were earlier passed by the British Government and Pakistan Government. Among those laws some were directly and some were indirectly related with the maritime issues of its sovereignty. After the commencement of Bangladesh, there were some laws have been adopted by the legislative organ of the country which is related with the maritime issues of Bangladesh. From 1972-74 Bangladesh and India bilaterally agreed to delimit the sea territory of the Bay of Bengal and Bangladesh and Myanmar entered in a mutually Agreed Minutes in 1974 through which east north side of the Bay of Bengal delimited. After the independence, Bangladesh always tried to show its passion respects toward the international laws, as a result Bangladesh became the member of numerous international organizations and sub-organs of the United Nations. All documents of the United Nations relating to the maritime issues are being followed by Bangladesh. So, as above mentioned and other aspects, we can categories the maritime laws of Bangladesh into five heads: 4. This work will try to discuss the above mentioned maritime boundary related laws of Bangladesh:

Constitution of the Peoples' Republic of Bangladesh
It's the mother and foundation law of the State which has been adopted in 1972.
There are numerous articles of this constitution are directly and indirectly related with the maritime issues of this State; which are as follows: 1) Article-1: This article declares that Bangladesh is a unitary, independent and sovereign country comprising with both the sea territory and land territory and which shall be called as the Peoples' Republic of Bangladesh.
2) Article-2: Article-2 ensures its total territorial boundary including land territory and sea territory. It has been directly indicated, that the territory of East Pakistan which was before the 26 th March, 1971 shall be the territory of Bangladesh. As a result the Bengal Commission's Report done by Redcliff of 1947 was considered as the territorial boundary of the newly emerged Bangladesh. And also the newly acquire territory of Bangladesh whether the land or sea shall also be the territory of Bangladesh.
3) Article-25: This article mentions the foreign diplomatic relationship with the Bangladesh and other States. Here it is directly stated that all the issues relating with the sovereignty of Bangladesh shall be settled in a peaceful settlement means by respecting the international laws. As far this provision we solved our maritime conflicts with India and Myanmar peacefully in 2012 and 2014 respectably. 4) Article-65: Article-65 empowers the parliament to enact laws for coordinating the State. As per this provision parliament has been vested with the unlimited legislative powers for the well equip maintenance of this country. After the independence, till today parliament enacted several laws to deal the land and sea territory of Bangladesh. 5) Article-143 (2): It is settled that constitution is the mother law of a State, by which the good governance is occurred. Bangladesh constitution is a well enumerated constitution of the world. Most of the State interest concern has been mentioned here scientifically and precisely. This Article-143 comprehensively tries to specify the maritime concern of the State as following ways-

Statutory Laws
There are a lot of statutory laws regarding maritime issues; those are for the 2 Article-143, The Constitution of the People's Republic of Bangladesh, 1972. 3 The term territorial waters is sometimes used informally to refer to any area of water over which a state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and potentially the continental shelf. In a narrower sense, the term is used as a synonym for the territorial sea.

4
A continental shelf is a portion of a continent that is submerged under an area of relatively shallow water known as a shelf sea. Much of the shelves were exposed during glacial periods and interglacial periods. The shelf surrounding an island is known as an insular shelf. 1) The Mines Act, 1923: 6 This enactment was passed in the time of British period later on Bangladesh has adopted this enactment by the Presidential Order. The ultimate objective of this law, is to amend and consolidate the laws relating to the regulation and inspection of mines of the territory of Bangladesh including both land and sea territory.
2) The Companies ( Preamble, The Foreign Relation Act, 1932(Act No. XII of 1932. 12 Preamble, The Petroleum Products (Development Surcharge) Ordinance, 1961(Act No. XXV of 1961. 13 Preamble, The Excise Duty on Minerals (Labour Welfare) Act, 1967(Act No. VIII of 1967. 14 The Constitution of the Peoples' Republic of Bangladesh, 1972. development, exploitation, production, processing, refining and marketing of the petroleum which is emerged from the land territory and sea territory. 14) The Inland Shipping Ordinance, 1976: By this ordinance the Government may ensure the survey, registration and control of the navigation of vessels plying on the inland waters of the maritime boundary of Bangladesh.
15) The Foreign Private Investment (Promotion and Protection) Act, 1980: For the economic interests of the global village, foreign investments are increasing gradually to this subcontinent. This enactment has been adopted by the Bangladesh Government to enhance and ensure the safe environment the foreign private investment in this country in both the land territory and sea territory along with other fields. As a result our most of the gas and oil exploring company came from the foreign private sources.
16) Bangladesh Flag Vessels (Protection) Ordinance, 1982: By this enactment Bangladeshi Flag Vessels are being protected. On the other hand, it imposes restrictions on the other country's vessels who do not owe their sovereign flag in this sovereignty.
17) Marine Fisheries Ordinance, 1983: This enactment has been adopted to make the provisions for the control, management, conservation and development of the marine fisheries of Bangladesh.
18) The Foreign Voluntary Organizations (Acquisition of Immovable Property) Regulation Ordinance, 1983: Through this act Government of Bangladesh control, permit, manage and restricts upon to the foreign voluntary association who are working for the interest of human being economically or by protecting the maritime pollution.
19) The Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985: By this enactment a corporation has been establish as namely-Bangladesh Oil, Gas and Mineral Corporation for embodied the gas, oil and mineral resources from the land territory and sea territory. Corporation does research, implement program, produce and sell and such other functions as the govt. desires to perform in the field of gas, oil and minerals resources of the country. 20) Water Resources Planning Act, 1992: In 1992, Bangladesh Government enacted this act to control and protect water, and also to utilize this water for the well-being of the country. 21) Mine and Mineral Resources (Control and Development) Act, 1992: This enactment has been adopted for the proper utilization, control, preservation, research and development of the mine and mineral resources of the land and sea territory of Bangladesh. 22) Bangladesh Preservation of Environment Act, 1995: Bangladesh Preservation of Environment has been adopted to protect the environment of Bangladesh, to ensure the sound and healthy environment, and to control the pollution of the environment of the country including both land and sea territory. These are the present statutory laws of Bangladesh through which maritime issues of Bangladesh are trying to be resolved.

International Laws
Apart from the national instruments Bangladesh signed various international instruments which are directly or indirectly relevant with the maritime issues.
Since the adoption of its constitution, Bangladesh tried to uphold the international laws. 15 The following international laws have been signed by Bangladesh to manage the maritime issues:

Bilateral Agreements
Basically two bilateral agreements of Bangladesh upon which they peacefully enjoyed the Bay of Bengal with her two neighboring States, these documents are:  (Rosen & Jackson, 2017). This is the bilateral agreement between Bangladesh and India relating with their sea territory (Rosen & Jackson, 2017). 19 garding maritime issues of Bangladesh and India and they have to mandatorily obey the decision of this court.

Case Laws
Above discussed provisions of the Constitution, Statutory Laws, bilateral agreements and case laws are the existing laws and regulations of the maritime boundary of Bangladesh. But, this work thinks, this existing laws and regulation are not well equipped on these highly concern issues of the today's world.

Drawbacks and Recommendations
There are a lot of lacunas of the existing laws and regulations of the maritime laws of Bangladesh, for which the maritime boundary of the country couldn't utilize properly. Followings are the major loopholes related with the maritime boundary of Bangladesh: 1) Till now the Government of Bangladesh couldn't enact a code for the maritime issues of Bangladesh; the Government of Bangladesh couldn't fulfill the Constitutional provisions of the Article-143(2); and Bangladesh couldn't fulfill the rules and regulations of UNCLOS; 2) There is no exclusive Maritime Court has been established in Bangladesh though its maritime boundary is more than its land territory; 3) Government couldn't stop the human trafficking and smuggling through this maritime boundary; 4) There is no specialized research center in Bangladesh to pursue research in these maritime issues; 5) No sufficient technology to explore the mineral resource areas from this maritime boundary; 6) Laws relating to the foreign investments in these sectors are so weak, old and insufficient for increasing investments in this sector; 7) Near about, one decade has been passed of the two remarkable decisions of International Tribunal for the Law of Sea and Permanent Court of Arbitration Bangladesh couldn't complete the survey for fixing its area of baseline, territorial waters, exclusive economic zone; 8) After these two decisions Bangladesh couldn't stop the unauthorized entrance of the Fishing Ships, fisher-men and Cargoes of the neighboring States; 9) Bangladesh couldn't control the environmental pollution of her maritime zone; 10) In this huge territory Bangladesh couldn't establish a safe zone for fisheries in her territory; 11) Saint Martin Island, Nizum Island, Andar Manik Islad, Hatiya and other Islands of the country are the great asset for the Sovereignty, which are located in the maritime boundary of Bangladesh but Govt. couldn't develop it properly; that indicates that the Government failed to use its maritime boundary commercially and economically; 12) Lack of the social awareness programs, seminar, symposiums, workshops relating to the proper utilization of the maritime boundary of Bangladesh; 13) There are no sufficient educational institutions relating to the maritime M. F. Hosen concern of Bangladesh; 14) Punishments which have been mentioned in different laws relating to the maritime field are insufficient; 15) In Bangladesh, there are no adequate modern technologies for exploitation of mineral resources from its maritime zone; 16) State has no sufficient concern about this territory due to this reason power occupied countries of the word are trying to control this domain; 17) Foreign relationship between the two neighboring States is not faithful enough for maintaining a safe and sovereign maritime zone of Bangladesh.
To ensure a safe and sovereign maritime zone Bangladesh as early as possible should follow the following mentioned recommendations: 1) The rolling government of the country should immediately by complying the provisions of the Article-143 21 adopt a comprehensive code regarding the maritime issues; 2) Bangladesh government should take necessary actions to implement the provisions of the UNCLOS 22 , decision of the ITLOS 23 of Bangladesh v. Myanmar case, and the decision of PCA 24 of Bangladesh v. India arbitration.
3) Government should take steps for establishing maritime court as required to ensure the peace and security of this maritime boundary and to control the unauthorized human trafficking, smuggling and environment pollution through her maritime zone; 4) Should introduce some research institutions for legal and scientific utilization of this maritime boundary along with establishing educational institutions for theoretical education on this field; 5) Government of Bangladesh should immediately ensure a survey for delimit the maritime boundary of the Bangladesh on the basis of UNCLOS 25 , decision of the ITLOS of Bangladesh v. Myanmar case, and the decision of PCA of Bangladesh v. India arbitration; 6) Government should use the modern technology by which he can explore the zones of the mineral resources and fisheries of this area; 7) Saint Martin Island, Nizum Island, Andar Manik Islad, Hatiya and other Islands of the country and the all ports of Bangladesh should utilize commercially and economically; 8) If not possible to enact a code immediately, the Government should amend the present laws regarding this issues; and especially govt. should sincere more to control the foreign investors in this field legally; 9) Foreign policy if requires should change to increase the Government sovereignty upon this long maritime territory; 10) Finally, govt. should patronize the individual whether natural or artificial person who are interested to work for the development of the maritime territory 21 Constitution of the Peoples' Republic of Bangladesh, 1972. 22 United Nations Conventions on the Law of Sea. 23 International Tribunal for the Law of Sea, Hamburg, Germany.