Navigating Sovereignty - The Role Of UNCLOS In Shaping India's Maritime Governance

Author: LawSphereX

Category: International Law

Published: 2026-08-23T20:39:19.47193+00:00

Updated: 2026-08-26T17:10:21.891+00:00

NAVIGATING SOVEREIGNTY: THE ROLE OF UNCLOS IN

SHAPING INDIA'S MARITIME GOVERNANCE

Sinsa Elizabeth Sunny, BA LLB, Christ Academy Institute of Law, Bangalore Alan Alex, BCOM LLB, Christ Academy Institute of Law, Bangalore

ABSTRACT

The United Nations Convention on the Law of the Sea (UNCLOS) has become the bedrock of maritime governance, offering a comprehensive legal framework for ocean management, maritime rights, and jurisdictional sovereignty. For India, a nation with over 7,500 kilometres of coastline and strategic maritime interests, UNCLOS has profoundly shaped its approach to maritime governance. This article critically examines the influence of UNCLOS on India's maritime legal framework, ocean policy, and jurisdictional assertions in the Indian Ocean Region (IOR). It explores how UNCLOS provisions have empowered India's sovereign rights over its Exclusive Economic Zone (EEZ), Continental Shelf, and territorial waters while also creating legal responsibilities for sustainable marine resource management and environmental protection.

Furthermore, the article delves into India’s engagement with maritime disputes, regional cooperation, and security dynamics under the purview of UNCLOS. By highlighting the legalpolitical interface between international obligations and domestic maritime governance, this article offers a nuanced understanding of India’s navigation of sovereignty in a complex maritime order. Keywords: UNCLOS, Maritime Governance, Sovereignty, Exclusive Economic Zone (EEZ), India, Indian Ocean Region (IOR)

INTRODUCTION

India’s maritime governance is deeply influenced by the legal and normative framework provided by the United Nations Convention on the Law of the Sea (UNCLOS), which serves as the foundational instrument for regulating maritime rights, responsibilities, and dispute resolution. As a coastal nation with a vast Exclusive Economic Zone (EEZ), strategic choke points, and increasing dependence on sea-based trade, India has strategically aligned its maritime policy with the principles of UNCLOS to assert sovereignty while promoting regional peace and cooperation. UNCLOS defines key maritime zones such as the territorial sea, contiguous zone, continental shelf, and EEZ within which India exercises varying degrees of sovereign rights.

It also offers mechanisms for resolving disputes through arbitration, adjudication, and negotiation, which India has embraced to avoid militarization and ensure legal certainty in contested waters. A landmark example is the 2014 Bay of Bengal maritime boundary arbitration with Bangladesh, where India accepted the tribunal’s judgment under UNCLOS despite the outcome not fully aligning with its claims. This demonstrated India’s respect for international law and its preference for peaceful dispute resolution. Beyond boundary issues, UNCLOS also informs India’s efforts in combating piracy, ensuring marine environmental protection, regulating deep-sea mining, and advancing Blue Economy goals.

However, as new challenges emerge such as China’s assertiveness in the Indo-Pacific, threats to freedom of navigation, and the rise of unmanned maritime technologies India must continue to strengthen its legal frameworks, surveillance capabilities, and regional partnerships. By doing so, India not only secures its own maritime interests but also contributes to the maintenance of a stable, rules-based maritime order in the increasingly contested waters of the Indian Ocean Region.

UNCLOS: AN OVERVIEW OF THE LEGAL FRAMEWORK

The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 after nearly a decade of negotiations, represents a landmark codification of international maritime law. UNCLOS emerged in response to increasing global maritime disputes, technological advances in ocean exploitation, and the need to balance sovereign rights with international cooperation on the high seas. Its primary objective is to establish a legal order that facilitates peaceful ocean use, equitable resource sharing, environmental conservation, and freedom of navigation. UNCLOS divides maritime space into various jurisdictional zones territorial sea (up to 12

nautical miles), contiguous zone (up to 24 nautical miles), Exclusive Economic Zone (EEZ) (up to 200 nautical miles), and the continental shelf (which may extend beyond 200 nautical miles under Article 76). 1 Each zone grants the coastal state varying degrees of sovereignty and rights, particularly over living and non-living resources, while also protecting freedoms of other states, such as navigation and overflight in EEZs and the high seas. 2 Importantly, UNCLOS established compulsory dispute resolution mechanisms through institutions such as the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ), and arbitral tribunals under Annex VII, enabling peaceful settlement of maritime disputes.

These mechanisms ensure that interpretation and application of the Convention remain grounded in rule-based legal norms, strengthening the global maritime order.

INDIA AND UNCLOS: HISTORICAL CONTEXT AND RATIFICATION

India has played an active and constructive role in the evolution of the United Nations Convention on the Law of the Sea (UNCLOS), participating extensively in the Third United Nations Conference on the Law of the Sea (UNCLOS III) held between 1973 and 1982. As a developing coastal state with vast maritime interests, India consistently advocated for equitable access to ocean resources, protection of navigational freedoms, and the common heritage of mankind principle, particularly in the context of deep seabed mining3. India signed the UNCLOS on December 10, 1982, the very day it was opened for signature, and subsequently ratified the Convention on June 29, 19954. Following ratification, India undertook significant legislative measures to align its domestic legal framework with UNCLOS provisions.

Key enactments include the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 19765,which predated UNCLOS but was later interpreted and applied in harmony with it, especially concerning the definition and assertion of India’s Exclusive Economic Zone (EEZ) and continental shelf claims. Moreover, India has actively cooperated with international institutions established under UNCLOS, such as the International Seabed Authority (ISA) and the International Tribunal for the Law of the Sea (ITLOS),

1 UNCLOS, Arts. 3, 33, 55, 76

2 Id. Arts. 56–58, 86–87.

3 See 3 United Nations Convention on the Law of the Sea: A Commentary 5–6 (Myron H. Nordquist et al. eds., 1995) 4 United Nations Treaty Collection, Status of Treaties: United Nations Convention on the Law of the Sea, https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXI6&chapter=21&Temp=mtdsg3 &clang=_en (last visited Sept. 13, 2025). 5 The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, No. 80 of 1976, India Code (1976)

reinforcing its commitment to a rule-based maritime order6. India's legislative and diplomatic engagement demonstrates a clear intent to integrate UNCLOS obligations into national maritime governance, balancing sovereign interests with international legal responsibilities. In addition to defining maritime zones and dispute resolution processes, UNCLOS introduced the concept of the “common heritage of mankind” for areas beyond national jurisdiction, particularly concerning the deep seabed or “The Area. ” Under this principle, the resources of the deep seabed are not subject to national appropriation but are managed collectively for the benefit of all humanity, especially developing nations.

The International Seabed Authority (ISA), established under UNCLOS, oversees exploration and exploitation activities in these regions, ensuring equitable access, environmental safeguards, and technology transfer. UNCLOS also outlines comprehensive provisions for marine environmental protection, obligating states to prevent, reduce, and control marine pollution from various sources including land-based activities, vessels, and offshore installations. It emphasizes cooperation in scientific research and the sharing of oceanographic data to better understand and manage marine ecosystems. Furthermore, the Convention plays a vital role in safeguarding navigational freedoms and the rights of innocent passage and transit passage through straits used for international navigation, which are critical for global trade and energy transportation.

Moreover, UNCLOS provides the legal framework for regulating marine scientific research (MSR) and ensuring that it is conducted for peaceful purposes and with the consent of coastal states when conducted within their jurisdiction. This provision aims to balance scientific advancement with state sovereignty. Overall, UNCLOS is not merely a treaty but a comprehensive governance regime that underpins international maritime law. It creates predictability and legal clarity in an increasingly contested maritime environment. For coastal states like India, it offers both a shield to protect maritime rights and a platform to engage diplomatically and legally with other nations in promoting a peaceful, secure, and sustainable ocean order.

UNCLOS AND INDIA’S MARITIME JURISDICTION

The United Nations Convention on the Law of the Sea (UNCLOS) provides the essential legal 6 See Law of the Sea Bulletin, International Seabed Authority, Issue No. 25 (1994); see also Case Concerning the Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India), PCA Case No. 2010-16, Award (July 7, 2014).

foundation for defining India’s maritime jurisdiction, offering a structured and rule-based approach to the rights, responsibilities, and entitlements of coastal states. As a signatory to UNCLOS since 1982, India has incorporated its provisions into national maritime governance, enabling the demarcation of jurisdictional zones and strengthening legal claims over vast ocean spaces. India’s maritime jurisdiction begins with its territorial sea, extending up to 12 nautical miles from the baseline, where it exercises full sovereignty over the waters, airspace, seabed, and subsoil, similar to its land territory. This includes the right to regulate entry, security, fishing, resource exploitation, and enforcement of domestic laws.

Beyond the territorial waters lies the contiguous zone, stretching up to 24 nautical miles, where India maintains the authority to enforce laws necessary to prevent or punish violations relating to customs, immigration, fiscal matters, and sanitary regulations within its territory or territorial sea. The Exclusive Economic Zone (EEZ), extending up to 200 nautical miles from the baseline, represents a zone of significant strategic and economic importance to India. Within this area, India enjoys sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources, both renewable and non-renewable, in the water column, seabed, and subsoil. This includes control over offshore energy development, fishing, and marine scientific research, provided it respects the freedom of navigation and overflight for other states, as enshrined in UNCLOS.

India's rights may further extend beyond the EEZ through claims over its continental shelf, which can reach beyond 200 nautical miles if supported by geological and hydrographic data indicating a natural prolongation of its landmass. To establish such extended claims, India has engaged with the Commission on the Limits of the Continental Shelf (CLCS) by submitting scientific evidence, thereby securing extended sovereign rights over seabed resources such as hydrocarbons and polymetallic nodules. In 2009, India submitted a detailed claim to the CLCS and has since worked on expanding its jurisdictional reach in a lawful and internationally recognized manner. Importantly, India’s maritime jurisdiction under UNCLOS is not only about exercising sovereign rights but also about fulfilling international responsibilities.

These include the obligation to ensure freedom of navigation and overflight for other nations, prevent marine pollution, promote marine scientific research, and engage in cooperation for conservation and sustainable use of marine resources. India also actively monitors its vast maritime zones

through the Indian Navy and the Indian Coast Guard, ensuring compliance with international law and enhancing maritime domain awareness. Furthermore, India's maritime jurisdiction is central to its strategic outlook and Blue Economy ambitions. The governance of its vast ocean space under UNCLOS enables India to leverage marine resources for economic growth, energy security, food security, and environmental sustainability. As maritime challenges evolve due to climate change, illegal fishing, and increasing competition in the Indo-Pacific, India’s ability to effectively assert and manage its maritime jurisdiction under the UNCLOS framework remains critical to both national and regional stability.

SOVEREIGNTY AND SECURITY IN THE INDIAN OCEAN REGION

India’s strategic posture in the Indian Ocean Region (IOR) is fundamentally guided by its twin imperatives of sovereignty protection and maritime security, both of which are critical for safeguarding national interests and ensuring regional stability. The Indian Ocean is a geostrategic lifeline for India, with more than 90% of its trade by volume and nearly 80% of its energy imports transiting through these waters. 7As such, securing the sea lines of communication (SLOCs) that traverse the IOR is essential for India’s economic and energy security. India’s maritime doctrine emphasizes a strong naval presence, capable of power projection, deterrence, and rapid response to emerging threats.

The Indian Navy plays a central role in this architecture, engaging in continuous patrolling, anti-piracy missions, humanitarian assistance and disaster relief (HADR) operations, and joint exercises with like-minded navies, including those of the United States, France, Australia, and Japan. 8 In recent years, the IOR has witnessed growing competition and strategic friction, particularly due to China’s expanding naval footprint, including the establishment of overseas bases and deployment of submarines under the guise of anti-piracy missions. 9This has prompted India to adopt a more assertive and networked approach to maritime security, including the development of island territories such as the Andaman and Nicobar Islands as forward 7 Ministry of External Affairs, Government of India, India’s Maritime Security Strategy 5 (2015), available at [https://www. indiannavy. nic.

in/sites/default/files/Indian-Maritime-Security-Strategy 2015. pdf](https://www. indiannavy. nic. in/sites/default/files/Indian-Maritime-Security-Strategy-2015. pdf).

8 Id. at 13–15

9 David Brewster, India and China at Sea: Competition for Naval Dominance in the Indian Ocean, 22 J. Indian Ocean Region 43, 45 (2020).

operating bases and the deepening of bilateral and multilateral maritime partnerships through initiatives like the Quad, IORA10, and Indian Ocean Naval Symposium (IONS). 11 The United Nations Convention on the Law of the Sea (UNCLOS) provides the legal framework that supports India’s maritime operations and security strategies. By codifying freedom of navigation, innocent passage, and the rights of coastal states in their maritime zones, UNCLOS serves as a bulwark against unilateral or aggressive assertions that could threaten peace and stability in the region. It empowers India to protect its sovereign rights within its EEZ and continental shelf, while simultaneously supporting international norms that allow for legitimate movement and cooperation in shared waters. India also leverages UNCLOS to promote multilateralism and rule-based governance in maritime affairs.

It advocates for cooperative mechanisms to combat non-traditional threats such as piracy, trafficking in arms and humans, illegal fishing, and maritime terrorism. These threats, which transcend national boundaries, demand joint surveillance, information-sharing frameworks, and interoperability among regional navies and coast guards. India's Information Fusion Centre Indian Ocean Region (IFC-IOR) in Gurugram is a testament to this collaborative vision, serving as a hub for real-time maritime domain awareness and coordination with partner nations. Ultimately, India’s pursuit of sovereignty and security in the IOR is anchored in a balanced strategy one that combines legal legitimacy under UNCLOS with credible maritime capability and strategic diplomacy.

As the Indian Ocean becomes an increasingly contested space, India’s ability to shape the maritime order through lawful and responsible conduct will be vital in asserting its leadership role and preserving a free, open, and inclusive Indo-Pacific.

UNCLOS AND INDIA’S BLUE ECONOMY

India’s Blue Economy, which encompasses the sustainable use of ocean resources for economic growth, livelihoods, and ecosystem health, is increasingly guided by the principles established under UNCLOS. UNCLOS facilitates the responsible exploration and exploitation of marine

10 Indian Ocean Rim Association

resources while emphasizing sustainable development to ensure long-term benefits. Part XII of UNCLOS imposes significant environmental obligations on states, including India, to protect and preserve the marine environment by preventing pollution from land-based sources, vessels, and seabed activities. 12 India’s commitment to these obligations is reflected in its national policies and active participation in regional environmental initiatives. Additionally, India plays a proactive role in the ISA13, the body established under UNCLOS to regulate deep-sea mining activities in areas beyond national jurisdiction, often referred to as “the Area. ”14 India has submitted applications for exploration contracts and advocates for a balanced regulatory framework that ensures equitable resource sharing while safeguarding marine biodiversity.

Through these efforts, UNCLOS not only shapes India’s maritime governance but also underpins the sustainable expansion of its Blue Economy, aligning economic development with ocean conservation.

MARITIME DISPUTES AND LEGAL DIPLOMACY

India has consistently upheld a firm legal position in resolving regional maritime disputes by adhering to international law frameworks, especially UNCLOS, which emphasizes peaceful settlement of disputes through negotiation, arbitration, and adjudication. India’s diplomatic and legal approach seeks to avoid militarization and unilateral actions in contested maritime zones, promoting dialogue and cooperation instead. A notable example is the 2014 Bay of Bengal maritime boundary arbitration between India and Bangladesh, where the arbitral tribunal, constituted under Annex VII of UNCLOS, applied principles of equitable delimitation and rejected India’s argument for a single maritime boundary line based solely on the equidistance method.

15 The tribunal’s decision balanced geographic and legal considerations, setting an important precedent for maritime boundary disputes in the region and reaffirming the authority of international legal mechanisms. 16Beyond this case, India recognizes UNCLOS’s comprehensive dispute resolution framework, which includes compulsory procedures such as submission to the International Tribunal for the Law of the Sea (ITLOS), the International

12 UNCLOS, supra note 1, Part XII.

13 International Seabed Authority

14 International Seabed Authority, Overview of Exploration Contracts,

https://www.isa.org.jm/explorationcontracts (last visited Sept. 16, 2025); UNCLOS, supra note 1, arts. 133–137. 15 Bay of Bengal Maritime Boundary Arbitration (India v. Bangladesh), PCA Case No. 2011-03, Final Award (July 7, 2014), https://pca-cpa.org/en/cases/111/. 16 See id.; see also W. Thomas, Maritime Boundary Disputes and Equitable Delimitation, 35 Ocean Dev. & Int’l L. 211, 220 (2004).

Court of Justice (ICJ), or arbitration, as outlined in Part XV of the Convention.17 India’s commitment to these legal processes demonstrates its preference for a rules-based maritime order that mitigates conflicts and encourages multilateralism. Additionally, India actively participates in regional forums to promote confidence-building measures and mechanisms for dispute avoidance, thereby strengthening maritime security and fostering peaceful coexistence in the Indian Ocean Region.18

CHALLENGES AND FUTURE OUTLOOK

India’s maritime governance is increasingly being shaped by a range of complex and interlinked challenges. Chief among them is the rising geopolitical tension in the Indian Ocean Region (IOR), especially with China’s growing naval assertiveness, militarization of key maritime chokepoints, and development of dual-use infrastructure under the Belt and Road Initiative (BRI). These developments pose a strategic dilemma for India, as they threaten not only its sphere of influence but also the principle of freedom of navigation and access to global sea lanes both vital to India’s trade, energy security, and strategic interests. In addition to China, competition from other regional and extra-regional powers including the United States, Australia, and the Gulf States further complicates the maritime security landscape.

As the IOR becomes a hotspot for power projection, India must maintain a delicate balance between strategic deterrence and cooperative engagement. This requires not only bolstering the Indian Navy's capabilities and maritime domain awareness but also deepening defence diplomacy, intelligence sharing, and multilateral cooperation through frameworks such as the Indian Ocean Rim Association (IORA), QUAD, and Indo-Pacific Oceans Initiative (IPOI). From a legal and institutional standpoint, India faces substantial hurdles in effectively implementing the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). Despite being an early signatory, India still lacks sufficient legal infrastructure, maritime law professionals, and enforcement capacity to fully operationalize the rights and responsibilities granted under UNCLOS.

The absence of a centralized maritime governance framework often leads to jurisdictional fragmentation between various ministries and state agencies, hindering coordinated response to issues such as maritime crime, environmental 17 UNCLOS, supra note 1, Part XV (dispute settlement procedures); see also Statute of the International Tribunal for the Law of the Sea arts. 15–21, Dec. 23, 1996, 36 I. L. M. 1312.

18 Ministry of External Affairs, India, India’s Maritime Security Strategy 12–15 (2015),

https://mea.gov.in/maritime-security-strategy.pdf.

violations, and illegal fishing. Moreover, India’s maritime legal framework is yet to fully adapt to emerging challenges and developments in international maritime law. Key areas that demand urgent attention include deep-sea mining governance, marine biodiversity in areas beyond national jurisdiction (BBNJ), regulation of autonomous maritime systems, and climate-induced sea-level rise, which is poised to affect baselines and maritime claims. The need for dynamic and adaptive legal reform is not only about aligning with UNCLOS, but also about future-proofing India’s maritime policy to respond to the rapidly changing ocean governance landscape. Environmental concerns present another critical challenge. India's vast coastline and rich marine biodiversity are increasingly threatened by pollution, habitat degradation, overfishing, and the adverse impacts of climate change.

Rising sea temperatures, acidification, and extreme weather events pose existential risks to coastal communities, infrastructure, and economic assets. Maritime governance, therefore, must integrate climate resilience, coastal zone management, and marine conservation into its legal and strategic frameworks. Economically, India’s ambitious Blue Economy agenda encompassing shipping, fisheries, offshore energy, tourism, and seabed exploration calls for sustainable and legally sound maritime governance. However, realizing this potential will require significant investment in maritime infrastructure, innovation, environmental safeguards, and legal certainty to attract responsible investment and protect national interests. Looking ahead, India's future in maritime governance will depend on several key strategic imperatives:

1. Modernizing Maritime Law: Undertake comprehensive legal reforms to align domestic

maritime statutes with UNCLOS and emerging international norms, including those being developed under the BBNJ agreement and future frameworks for autonomous vessels.

2. Institutional Integration: Establish a unified maritime authority or strengthen

interagency coordination to streamline governance across the domains of defence, commerce, environment, and law enforcement.

3. Capacity Building: Invest in human capital through specialized training in maritime

law, oceanography, and naval strategy; improve infrastructure for surveillance, coastal security, and marine research.

4. Regional and Global Engagement: Deepen cooperation with like-minded maritime

nations to uphold a rules-based order, enhance collective security, and ensure responsible use of shared maritime spaces.

5. Sustainable Development and Climate Action: Embed environmental sustainability and

climate adaptation into all aspects of maritime policy, particularly in coastal development, resource extraction, and marine spatial planning.

CONCLUSION

The United Nations Convention on the Law of the Sea (UNCLOS) has been instrumental in defining and legitimizing India’s maritime boundaries, enabling it to assert sovereignty and jurisdiction in a rules-based global maritime order. As a comprehensive legal framework, UNCLOS has empowered India to effectively manage its vast maritime domain which includes territorial waters, the contiguous zone, the Exclusive Economic Zone (EEZ), and the continental shelf ensuring the sustainable use of oceanic resources and the safeguarding of national interests. India’s maritime governance has been significantly shaped by UNCLOS provisions in areas such as resource exploration, environmental protection, freedom of navigation, and maritime dispute resolution.

By aligning domestic maritime laws with UNCLOS, India has strengthened its institutional capabilities, improved maritime surveillance and enforcement mechanisms, and fostered cooperative regional frameworks in the Indian Ocean Region. Furthermore, UNCLOS has provided India with a legal platform to counter challenges to its maritime claims, particularly in contested zones and overlapping EEZs with neighbouring countries. It also enables India to promote peaceful dispute resolution, support marine scientific research, and participate in global maritime governance initiatives through bodies such as the International Seabed Authority and the Commission on the Limits of the Continental Shelf.

In the current geopolitical context marked by increasing strategic competition in the IndoPacific, growing concerns over freedom of navigation, and emerging threats such as illegal fishing, marine pollution, and climate change India's adherence to UNCLOS reinforces its

commitment to a rules-based international maritime order. At the same time, India continues to advocate for equitable reforms in global maritime law to better reflect the interests of developing coastal states. Ultimately, UNCLOS not only underpins India’s maritime sovereignty and jurisdiction but also serves as a guiding compass for its long-term maritime strategy. As India aspires to become a leading maritime power, its engagement with UNCLOS remains central to balancing national priorities with global responsibilities, fostering regional stability, and ensuring the peaceful, sustainable, and equitable use of the oceans.