India recently expressed its dismay over the US decision to conduct a patrol in the Indian Exclusive Economic Zone (EEZ) in the western Indian Ocean. This move by the US was not appreciated by India, which claims it as a breach of its domestic maritime laws and rejects the US’ assertion that those laws are not in compliance with international law.
The Role of US Seventh Fleet
The US Seventh Fleet announced that the USS John Paul Jones (DDG 53), one of its warships, carried out a Freedom of Navigation Operation (FONOP) west of the Lakshadweep Islands inside India’s EEZ without requesting prior permission from India. The Seventh Fleet is the largest of the US Navy’s forward-deployed fleets. It plays a critical role in Freedom of Navigation Operations (FONOP), which are passages conducted by the US Navy through waters claimed by coastal nations as their exclusive territory.
The US’ Stand: Rights, Freedoms, and Laws
The US maintains that India’s claim to an EEZ is inconsistent with international law, specifically the United Nations Convention on the Law of the Sea 1982 (UNCLOS). According to the US, India requires prior consent for military exercises or maneuvers in its EEZ or continental shelf. The recent FONOP, according to the US, upheld the rights, freedoms, and lawful uses of the sea recognized in international law by challenging India’s excessive maritime claims.
India’s Response and Protest
India argues that the UNCLOS does not authorize other States to carry out military exercises or maneuvers, especially those involving weapons or explosives, in the EEZ and on the continental shelf without the coastal state’s consent. It asserts that foreign nations only need to seek India’s permission when carrying out “military maneuvers” in the Indian EEZ and not while merely transiting through.
India’s Domestic Maritime Law
According to India’s Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, the EEZ of India extends 200 nautical miles from the baseline. Its territorial waters limit is 12 nautical miles from the nearest point of the baseline. Foreign ships, excluding warships and other underwater vehicles, are allowed innocent passage through the territorial waters, as long as it doesn’t disturb the peace, good order, or security of India.
About United Nations Convention on the Law of the Sea 1982
The UNCLOS is an international treaty that provides a regulatory framework for the use of the world’s seas and oceans. It was opened for signature in December 1982 and came into force 12 months after the deposit of the sixtieth instrument of ratification or accession in November 1994. The Convention has been ratified by 167 states and the European Union.
Exclusive Economic Zone Defined by UNCLOS
As per UNCLOS, the EEZ is an area beyond and adjacent to the territorial sea. Generally extending 200 nautical miles from the shore, the coastal state has the right and responsibility to explore, exploit, conserve, and manage both living and non-living resources within this zone.
While India ratified the UN Law of the Seas in 1995, the US has yet to do so. This discrepancy between the two nations’ stances on maritime laws may continue to spark conflicts such as the recent naval patrol incident.