International Laws for Sea - Covering different aspects of the Indian Ocean.

 

 

International Laws for Sea - Covering different aspects of the Indian Ocean.

 

Introduction

From the declaration of St. James Palace in 1941 to the formation of the United Nations, international organizations over the years are trying to maintain peace among the nations. Here international law becomes more prominent for proper working of world order. From the ‘Law of War’ to ‘Law of Sea’ every aspect to avoid violence has been discussed through different conventions and agreements over the years. In an era marked by dynamic shifts in global power dynamics, the Indian Ocean has emerged as a focal point, driving geopolitical and strategic considerations for nations around the world.  This article delves into the multifaceted dimensions of the Indian Ocean's increasing prominence, exploring the influence of international laws, China's strategic pursuits, and the evolving relationships between key players like India, Russia, and France.

 

International laws for the sea

The United Nations Convention on the Law of the Sea  (UNCLOS) provides the account for the sea and its exclusivity to the nation. It covers aspects like territorial sea, contiguous zone, straits used for international navigation, exclusive economic zone etc. Article 24 of Section 3 of Part 2 of the document deals with duties of the coastal state which highlights the do’s of the coastal state in respect to the foreign ships. However, the United States of America has avoided signing this convention and promotes Freedom of Navigation Operations (FONOPS) claiming that the sea must be available for research purposes to all. In 2021 US military Ships entered the Exclusive Economic Zone of India’s Lakshadweep, on which the Indian government possessed a strong objection for violation of UNCLOS but as US is not a part of that convention, US denied India’s obligations. Exclusive Economic Zone Extends up to 200 nautical miles (370 km) from the coastal boundary of a nation and it possesses all the exclusivity of its use to that nation but this zone is not law binding but just exclusive in nature. Contiguous Zone extends up to 24 nautical miles from coast and deals with only taxation, customs, immigration and pollution law of the nation. The Territorial Waters are the sovereign territory of the nation off the coast. The laws work there exactly the same as on land territory. It extends only up to 12 nautical miles from the coastal boundary. The convention also defines “Archipelagic Water” in Part IV, as the island nations of Fiji and Philippines and many others like them have the right to draw a line around the island and consider it as its territory also the convention says that the ship vessels of foreign countries must be provided innocent passage from these areas. Important aspects are considered and have been governed by the UN under rules set up by convention. Established by the UNCLOS, the International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body that adjudicates disputes arising out of the convention, ‘United Nations Convention on the Law of the Sea’ (UNCLOS).  ITLOS is a multi-governmental establishment formed by the mandate of the 3rd UN Conference on the Law of the Sea. It was created by the UN Convention on the Law of the Sea which was signed at Jamaica on the 10th of December 1982. The convention became effective on 16th November 1994. The International Maritime Organisation (IMO) was formed in 1948 and today it consists of 175 members. India joined IMO in 1959. After the tragic incident of the Titanic, the UN felt a need for an organization which could look after the maritime policies for use and safety of ships and oceans. Thereafter IMO was formed. It is a specialized agency of the UN. Its main objectives include improving safety and scrutiny of international ships, to prevent ships from polluting the ocean and to facilitate internal maritime traffic. IMO also governs the legal issues regarding the liabilities of ships and compensation for pollution and so on. IMO plays a crucial role for proper functioning of maritime industry.

 

China’s ocean strategy 

From Taiwan to Malacca strait and then to Sri Lanka, China has come a long way finally reaching Maldives following its aim of having an effective presence in the Indian Ocean. China is continuously showing aggression in the South China Sea by challenging the sovereignty of other countries. Recent developments in geopolitics are strongly indicating towards the changing world order. Russia, China and North Korea, the three nuclear powers in Asia seem to be forming a strong relation primarily against the west. India which had the stand for calling itself a third world country, now finds itself in the middle of the turmoil of the 2nd cold war which can start any moment. Russia which is a reliable ally of India, due to being engaged in Russia - Ukraine war has now leaned towards China for tackling the setbacks that have emerged due to the war. Maldives has an immense strategic importance in the Indian Ocean, as a gateway to the Arabian Sea and further. Just 708 km away from the Indian city of Kochi, at such an important location, India needs to strengthen the relationship with the island government, which will also allow India to monitor maritime traffic and regional security. After strait of Malacca, the Duncan Passage of Andaman island is the checkpoint for ships coming from South East Asia which is also responsible for the supervision of trade happening in the Indian Ocean. Also being of such crucial importance in world trade, in the past few years Andaman and Nicobar islands have seen a rapid development in military bases by India. The Indian government is also trying to engage more and more tourism to these islands as it will convey a message of India's policy for Bay of Bengal and Indian Ocean importance.

 

India's strategic position

India has the longest coastline in the Indian ocean also its landform of V shape provides an advantage for supervision of Arabian Sea as well as Bay of Bengal. $6.17 trillion of total trade occurs in the Indian Ocean annually whereas 80% of maritime oil passes through it. Import of 85% of India’s crude oil and 95% of trade occur through the Indian Ocean. India joined Combined Maritime Forces in November of 2023 and has been actively taking part in search and rescue operations in the Indian Ocean ever since. In April of 2024 Indian Navy commandos performed a mission namely ‘Crimson Barracuda’ in Arabian Sea and seized up to 940 Kilograms of cocaine. Reunion is an island that is governed by France; it has a total area of 2511 km². It has an important strategic location 679 km east of Madagascar and 175 km southwest of the island of Mauritius. It holds a strategic position for France in the Indian Ocean. France is old known to the Indian oceans now as the political crisis around the world found itself into a situation where the Indian ocean becomes important, France and India both have the tools and legitimacy to become the main drivers of a novel cooperative and inclusive security architecture in the Indian Ocean. India's Necklace of Diamond strategy in encircling China by improving India's naval presence, expanding its military bases, and enhancing its relationships with other nations in the region shows the importance of this region to India.

 

Regional Operations

The Indian Ocean Naval Symposium (IONS) and The Indian Ocean Rim Association ( IORA ) can become promising assets for maintaining peace in the Indian Ocean as India is amongst the top most important nations. However Pakistan and Myanmar are not part of IORA and France is the recent member in IORA. Members of these respective organizations can contribute in providing stability in the region. In the recent events of IONS, 8^th edition of Indian Ocean Naval Symposium (IONS) Conclave of Chiefs (Co C) was conducted by the Royal Thai Navy at Bangkok, Thailand. Russia has conducted military exercises with China and Iran in the Northern Indian Ocean in February of 2023. Djibouti is the military base of the Chinese government in the Indian Ocean. In the month of February in 2024 the Indian Navy conducted the Exercise Milan which is a biennial multilateral naval exercise which began in 1995, and has since significantly expanded in scope and scale to become the largest exercise held by India in the Indian Ocean.

 

Conclusion

In conclusion, International Maritime Association and International Tribunal for Laws of the Sea are two most prominent bodies to raise issues on international platforms regarding the Sea. Trade through sea can be said to be the basic needs for developing and developed countries. With economic and geopolitical interests converging in this maritime region, this region has the potential to act as a new centre for world politics. In the upcoming years we can expect major events taking place in the Indian Ocean that could possibly draw the sketch for a new world order.