Law of the Sea in India
Introduction
The Law of the Sea, also known as Maritime Law, is a crucial aspect of international law that governs the use of oceans and seas worldwide. In the context of India, this body of law plays a significant role in shaping the country's maritime policies and practices.
This guide will explore key aspects of the Law of the Sea as applied in India, focusing on its relevance to LLB (Bachelor of Laws) and LLM (Master of Laws) students. We'll examine various legal provisions and case studies to illustrate how these principles are applied in practice.
Indian Territorial Waters
Indian territorial waters extend up to 12 nautical miles from the baseline of the coast. This area is subject to India's sovereignty and jurisdiction under Article 3 of the United Nations Convention on the Law of the Sea (UNCLOS).
Key legal provision:
- Section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Case study: In India v. Pakistan (1999), the International Court of Justice ruled that Pakistan had violated India's sovereignty over its territorial waters when Pakistani naval ships entered Indian waters without permission.
Exclusive Economic Zone (EEZ)
India's EEZ extends 200 nautical miles from its coast. This zone provides exclusive rights to India for exploring and exploiting marine resources within its boundaries.
Legal provision:
- Section 4 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Case study: In MV Quedagh (1988), an Indian court upheld the seizure of a ship carrying contraband goods in the EEZ, affirming India's right to enforce customs regulations beyond its territorial waters.
Contiguous Zone
India's contiguous zone extends up to 24 nautical miles from its baseline. This area allows India to enforce its laws and regulations regarding activities affecting its territorial sea.
Legal provision:
- Section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Case study: In India v. Sri Lanka (2008), the International Tribunal for the Law of the Sea ruled that India could not exercise jurisdiction over Sri Lankan vessels in the contiguous zone due to lack of evidence of infringement.
High Seas
Areas beyond national jurisdictions fall under the high seas, subject to the principles of freedom of navigation and non-interference.
Legal provision:
- Article 87 of UNCLOS
Case study: In The M/V "Louisa" Case (1999), the International Tribunal for the Law of the Sea held that India was entitled to seize a vessel engaged in unauthorized fishing on the high seas.
Marine Protected Areas
India has established several marine protected areas to conserve marine biodiversity and ecosystems.
Legal provision:
- Section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Case study: In Ratnagiri vs. Maharashtra Coastal Zone Management Authority (2013), the Bombay High Court upheld the constitutionality of declaring certain coastal areas as marine protected zones.
Conclusion
Understanding the Law of the Sea in the Indian context is essential for lawyers practicing in maritime-related fields. This guide has provided an overview of key concepts and their application through case studies and relevant legal provisions.
For further reading, we recommend consulting the following sources:
- The United Nations Convention on the Law of the Sea (UNCLOS)
- The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
- The Indian Maritime University Act, 2013
Remember to stay updated with recent developments international maritime law, as this field continues to evolve with emerging technologies and global challenges.