Has India Ratified the United Nations Convention on the Law of the Sea (UNCLOS)?

India, as a major coastal state, plays a crucial role in international maritime law. Its ratification of the United Nations Convention on the Law of the Sea (UNCLOS) strengthens its position and obligations in governing its maritime zones, exercising its sovereign rights over resources, and resolving maritime disputes. By ratifying UNCLOS, India aligns its maritime practices with international standards, ensuring a legal framework for the sustainable and peaceful use of the oceans.

Has India Ratified the United Nations Convention on the Law of the Sea (UNCLOS)?

India’s Ratification of UNCLOS

Yes, India ratified UNCLOS on June 29, 1995. By doing so, India committed itself to adhering to the international legal framework that governs the world’s oceans and maritime zones. The ratification allows India to exercise its rights and responsibilities under the treaty, providing legal clarity on its maritime boundaries, navigation rights, and resource exploitation.

Impact of India’s Ratification

India's ratification of UNCLOS has significant implications for the country’s maritime policy and ocean governance. The key areas impacted by this ratification include:

• Maritime Boundaries: India is entitled to claim an Exclusive Economic Zone (EEZ) extending up to 200 nautical miles from its baselines, within which it enjoys sovereign rights for the exploration and exploitation of natural resources, including fishing, oil, and gas.
• Sovereign Rights Over the Continental Shelf: As per UNCLOS, India has sovereign rights over its continental shelf, which includes the seabed and subsoil beyond the EEZ. India’s rights over these resources extend based on scientific evidence, and the country has submitted claims for the extended continental shelf beyond 200 nautical miles, particularly in the Bay of Bengal.
• Freedom of Navigation: India’s ratification of UNCLOS ensures freedom of navigation in international waters and the high seas. This principle enables India’s ships to pass freely through the territorial waters of other states, provided they respect the innocent passage rules, and the freedom to engage in international trade without unnecessary restrictions.
• Dispute Resolution: As a member state of UNCLOS, India agrees to resolve any maritime disputes through peaceful means in line with the treaty’s provisions. This includes engaging in diplomatic negotiations, arbitration, or judicial proceedings before the International Tribunal for the Law of the Sea (ITLOS) or the International Court of Justice (ICJ).
• Marine Environmental Protection: India is obligated to prevent marine pollution and ensure sustainable use of its maritime resources in line with UNCLOS. The treaty sets forth provisions to safeguard the marine environment from activities such as oil drilling, shipping, and fisheries management, which could impact marine biodiversity.

India’s Role in International Maritime Law Post-Ratification

India’s ratification of UNCLOS enhances its role in international maritime governance. It enables the country to:

• Participate in Global Forums: India is a part of the international dialogue on maritime law, where it can negotiate maritime issues, especially in regions like the Indian Ocean and Bay of Bengal, with countries such as Sri Lanka, Bangladesh, and Myanmar.
• Engage in Maritime Disputes: India can approach international courts like ITLOS in case of maritime boundary disputes with neighboring countries. For example, India recently resolved its maritime dispute with Bangladesh over the Bay of Bengal through arbitration under UNCLOS.

India’s Maritime Claims Under UNCLOS

India’s maritime boundaries under UNCLOS are well-defined, and its claims are actively managed by the Indian Ministry of External Affairs. The key maritime zones in India’s jurisdiction include:

• Territorial Sea: India has jurisdiction over its territorial sea (up to 12 nautical miles from the baseline), where it exercises full sovereignty.
• Exclusive Economic Zone (EEZ): India has sovereign rights to explore and exploit natural resources within its EEZ, which extends up to 200 nautical miles.
• Continental Shelf: India has a claim over the continental shelf extending beyond 200 nautical miles in certain areas, notably in the Bay of Bengal, based on the extended continental shelf submission to the Commission on the Limits of the Continental Shelf (CLCS).

Examples of India’s Application of UNCLOS

India-Bangladesh Maritime Boundary Dispute

In 2014, India and Bangladesh successfully resolved a long-standing maritime boundary dispute in the Bay of Bengal through UNCLOS-based arbitration. The International Tribunal for the Law of the Sea (ITLOS) awarded a clear demarcation of their maritime boundaries, providing clarity on fishing rights, oil reserves, and sea lanes.

India’s Role in the South China Sea

While India is not a claimant in the South China Sea, it has voiced concerns over the violation of UNCLOS by China regarding its territorial claims in the region. India has consistently advocated for freedom of navigation and respect for international law in the South China Sea.

Challenges and Future Steps

Regional Disputes

India faces maritime boundary issues with neighboring countries, including Pakistan and Sri Lanka, especially concerning the Indian Ocean. Continued engagement in UNCLOS-based dispute resolution will help India resolve such conflicts peacefully.

Environmental Concerns

As a major coastal state, India faces the challenge of balancing resource extraction with environmental conservation under the UNCLOS framework. This includes tackling issues like marine pollution, coastal erosion, and overfishing.

Conclusion

India’s ratification of UNCLOS aligns the country with global standards for the use and protection of the oceans. The treaty’s provisions on maritime boundaries, sovereign rights over resources, environmental protection, and dispute resolution empower India to play an active role in shaping international maritime law and ensuring the sustainable use of the world’s oceans. By adhering to UNCLOS, India reinforces its commitment to peaceful coexistence and cooperation in maritime affairs on a global scale.