The Law of the Sea and Maritime Boundary Disputes – Legal Framework and case studies
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The Law of the Sea encompasses a comprehensive set of regulations governing matters concerning oceans and seas. Its primary objective is to safeguard the interests of the coastal state bordering a particular sea. Similar to how domestic laws address internal state affairs, the Law of the Sea pertains to issues related to bodies of water. The United Nations Convention on the Law of the Sea (UNCLOS), established in 1982, is a pivotal international treaty that prescribes these regulations. India actively contributed to the constructive discussions that ultimately led to the adoption of UNCLOS in 1982 and became a signatory to the convention in 1995 and thus, India follows its provisions in resolving maritime boundary disputes.
What is Maritime Boundary disputes vis-à-vis India :?
A maritime boundary is a theoretical demarcation, established based on geopolitical or geographical factors, that serves to define areas where a nation has exclusive rights to exploit mineral and biological resources.?
The Indian Ocean Region being the world's third-largest oceanic expanse, encompassing four continents, Maritime security within this region encompasses a wide spectrum of concerns, including piracy and armed robbery, terrorism, illicit trafficking, safeguarding energy resources, and ensuring the security of ports and vessels.?
Key?aspects of India's maritime boundaries and its adherence to UNCLOS:
Territorial Waters: According to UNCLOS, India has the right to claim territorial waters extending 12 nautical miles (22.2 kilometers). India exercises sovereignty over these waters, and foreign vessels have a right to innocent passage through them.
Exclusive Economic Zone (EEZ): Beyond the territorial waters, UNCLOS grants coastal states an exclusive economic zone extending 200 nautical miles (370.4 kilometers) from the baselines. Within this zone, India has exclusive rights to exploit and manage natural resources, such as fish and oil, and conduct scientific research.??
Continental Shelf: UNCLOS allows coastal states to claim an extended continental shelf beyond their EEZ, based on geological and geomorphological criteria. India has submitted its extended continental shelf claim to the United Nations, which has been approved by the Commission on the Limits of the Continental Shelf (CLCS).
Maritime Boundaries: India has maritime boundaries with several neighboring countries, and these boundaries are established through bilateral agreements, in accordance with the principles of UNCLOS. For example, India has agreements with Bangladesh, Sri Lanka, Myanmar, and others to determine the exact limits of their respective EEZs and continental shelves.
Dispute Resolution: UNCLOS provides a mechanism for the peaceful resolution of maritime boundary disputes. India has been involved in several maritime boundary disputes with neighboring countries, and these have been resolved through negotiation, arbitration, or judicial processes. One such noteworthy? dispute was? the India-Bangladesh maritime boundary dispute that was resolved through international arbitration in 2014.
Few Case studies on maritime boundary disputes involving India:-
India and Bangladesh had a long-standing maritime boundary dispute in the Bay of Bengal. On October,8,2009, Bangladesh initiated arbitration proceedings to settle the maritime boundary delimitation dispute under the UNCLOS. The court concluded its hearings in the Hague on December,18 2013. In 2014, the International Tribunal for the Law of the Sea (ITLOS) delivered a verdict that established a new boundary, inter alia extending Bangladesh’s Maritime boundary and further acknowledging Bangladesh's sovereign rights of undersea resources in the continental shelf, thereby giving both countries a share of the disputed waters. The verdict has been broadly accepted by both the countries as a positive development. This ruling brought clarity to the issue and allowed both nations to move forward with various economic activities.
This dispute concerns the maritime boundary in the Arabian Sea. This? long-standing territorial disputes and military conflicts between India and Pakistan have led to vigilant and strict patrolling of territorial waters in the Arabian Sea?and the coastline shared along the Indian state of Gujarat and the Pakistani province of Sind by the Maritime Security Agency?of Pakistan and the Indian Coast Guard. The absence of a physical boundary and lack of proper demarcation left small fishing boats and trawlers?susceptible to illegally crossing territorial waters. The problem aggravated by the dispute over the Sir Creek?in Kutch?and the failure to officially determine the maritime boundary between the two nations.
During periods of improved bilateral relations, both nations' governments took measures to release incarcerated fishermen as a goodwill gesture to build confidence and promote peace. They also established a joint judicial committee, consisting of four retired judges from each nation, to address disputes and facilitate the release of detained fishermen. In 2006, Pakistan released over 400 Indian fishermen, including 30 children, and India reciprocated by releasing 130 Pakistani fishermen.?
India and Sri Lanka shared maritime boundaries, with the presence of two agreements from 1974 and 1976. Despite these agreements, issues related to maritime affairs continued to persist. A longstanding dispute revolves around the maritime boundary and the claim to Katchatheevu Island. While India recognized Sri Lankan sovereignty over the area, certain provisions were made for Indian fishermen, allowing restricted access to Kachchativu Island for fishing purposes.
However, in 2014, the Indian central government informed the Madras High Court that the matter of sovereignty over Katchatheevu Island had been settled, and that Indian fishermen no longer possessed the rights to engage in fishing activities in the region. The Sri Lankan government had issued warnings, stating that Indian fishermen may face the risk of being fired upon if they encroach into Sri Lankan waters.
Conclusion:
It can be inferred that, India's maritime laws are in their early stages and require significant attention. To address this, India has taken a significant step by introducing anti-piracy laws into its domestic legislation. On January 31, 2023, the President approved the Maritime Anti-Piracy Act, 2022, which aims to align with the UNCLOS and criminalize maritime piracy. This represents India's first domestic law designed specifically for this purpose and is expected to enhance international and regional cooperation in combating piracy in accordance with UNCLOS.