In its response India did not mention or argued on the validity
of Bangladesh’s proposal of taking base points in sea rather than on land.
India mainly focused their arguments on the claim that Bangladesh’s proposal
got substantial support. Its view was that Bangladesh made its suggestion in an
informal meeting only, but the issue was not discussed with other willing States.
Therefore according to India’s view, the suggestion could not be considered as
having substantial support and accordingly no consensus was reached on the
proposed method. So, India viewed that, it is not justifiable to say that the
provision did not preclude the suggestion made by Bangladesh which was not
widely discussed and no consensus was reached on this issue.
Burma (now Myanmar), the other neighboring State of Bangladesh,
responded to the reassertion made by Bangladesh on the same day through a
letter dated 30 April 1982 addressed to the President of the Conference.
Following is an excerpt from the letter of the representative of Burma to the
” In his letter dated 28 April 1982 addressed to you and
circulated to all delegations in document A/CONF.62/L.140 of the same date, the
representative of Bangladesh asserts that his delegation’s proposal concerning
the establishment of a straight baselines system on the depth criteria and
bathymetric factors had received, and continues to enjoy “substantial and favorable
support from a large number of delegations” and further that his Government
considers that “article 7 of the draft convention (A/CONF.62/L.28) cannot
preclude the founding of its baselines” on such a basis. In this connection, my
delegation is of the view that the above-mentioned assertions are not borne out
by the history of negotiations on the proposal at the Conference, particularly
in the broadly representative informal negotiating group on baselines
established during the third session. Nor are they supported by the text of
article 7, paragraph 2 of the draft convention embodying the results of the
said negotiations, which specifies in precise and unambiguous terms the
fundamental rule that straight baselines may be drawn only from land-point to
land-point, not from sea-point to sea-point.”1