What Is The Status Of India’s Maritime Boundary Agreements?

India's strategic location along the Indian Ocean necessitates clearly defined maritime boundaries with its neighbors for sovereignty, security, and resource management. Over decades, India has engaged in diplomatic, legal, and sometimes judicial processes to delimit its maritime boundaries, leveraging international legal frameworks, especially UNCLOS, to promote peaceful coexistence and sustainable use of marine resources.

Detailed Status of Maritime Boundary Agreements

1. India-Bangladesh

This dispute was one of the most complex, involving overlapping claims in the Bay of Bengal with rich fishing grounds and potential hydrocarbon reserves.

• Initially, bilateral talks (since the 1970s) failed to resolve the dispute fully, prompting Bangladesh to approach the International Tribunal for the Law of the Sea (ITLOS) in 2009.
• In 2012, ITLOS delivered a judgment that adjusted the maritime boundary, granting Bangladesh a larger portion of the contested area than previously agreed.
• India accepted the ruling, reflecting its commitment to international law and peaceful dispute resolution.
• The two countries signed a formal maritime boundary agreement in 2014, clarifying boundaries for territorial waters, EEZ, and continental shelf.
• The resolution boosted bilateral ties and paved the way for joint resource exploration and fisheries management.

2. India-Sri Lanka

• India and Sri Lanka signed the Maritime Boundary Agreement in 1974 delimiting territorial waters and continental shelf in the Palk Strait and Gulf of Mannar.
• The boundary is largely uncontested, although minor issues related to fishing rights occasionally arise.
• Both nations have mechanisms for cooperation on fisheries and maritime security, and they coordinate on preventing illegal fishing and smuggling.
• Maritime boundaries also underpin trilateral discussions involving the Maldives on regional maritime security.

3. India-Maldives

• The maritime boundary with Maldives is generally well-defined and follows UNCLOS prescriptions.
• Both countries cooperate closely on maritime security, anti-piracy efforts, and disaster response in the Indian Ocean region.
• No significant boundary disputes have emerged, reflecting strong bilateral ties and aligned strategic interests.

4. India-Myanmar

• India and Myanmar have generally peaceful relations with respect to maritime boundaries.
• The boundary delimitation is accepted and forms part of broader maritime cooperation agreements that include anti-smuggling and joint patrolling.
• Both countries collaborate on oil and gas exploration in the Bay of Bengal, indicating pragmatic resource sharing within agreed boundaries.

5. India-Pakistan

• The maritime boundary between India and Pakistan remains unresolved, especially around the Sir Creek area in the Rann of Kutch and adjoining Arabian Sea waters.
• Sir Creek is a tidal estuary disputed due to its strategic location affecting territorial waters and EEZ claims.
• The dispute is linked to broader geopolitical tensions between the two countries, and no formal maritime boundary agreement has been signed.
• Despite this, some confidence-building measures exist, such as communication protocols between naval forces to avoid incidents.

Legal Frameworks and Resolution Mechanisms

United Nations Convention on the Law of the Sea (UNCLOS):

India is a party to UNCLOS, which provides legal standards for maritime boundary delimitation based on principles like equidistance and equitable solutions. UNCLOS also encourages peaceful dispute resolution through negotiation, arbitration, or adjudication.

International Tribunal for the Law of the Sea (ITLOS) and International Court of Justice (ICJ):

India has demonstrated willingness to submit disputes to international adjudication (e.g., with Bangladesh). These forums offer legally binding dispute resolution but require consent from involved parties.

Bilateral Negotiations and Treaties:

India emphasizes direct negotiations and diplomatic engagement as the primary means to resolve maritime disputes, often supplemented by joint technical committees and working groups.

Joint Development Agreements (JDAs):

Where delimitation is difficult or politically sensitive, India has explored joint development zones to share resources and foster cooperation without prejudice to sovereignty claims.

Example

The India-Bangladesh maritime boundary resolution serves as a benchmark case:

• After decades of negotiation impasse, Bangladesh initiated legal proceedings at ITLOS.
• The tribunal’s judgment provided an equitable solution balancing competing claims.
• India’s acceptance of the ruling demonstrated respect for international law and set a precedent for peaceful dispute settlement.
• The 2014 agreement facilitated clear jurisdictional authority, benefiting resource management and regional stability.