Recently, the United Nations Security Council (UNSC) has adopted its first-ever presidential statement on maritime security. India, as the president of UNSC for August 2021, has brought attention to safety and security threats faced in maritime territories and urged members to consider the implementation of the 2000 UN Convention against Transnational Organized Crime. The meeting was attended by all permanent members of the UNSC: the US, China, Russia, the UK, and France.
The statement focuses on ensuring the legitimate use of the oceans and the safety of coastal communities. It upholds that international law, as reflected in the 1982 United Nations Convention on the Law of the Sea and other global instruments, provides a legal framework for combating illicit maritime activities.
Implementation of International Maritime Laws
The statement encourages Member States to execute the International Ship and Port Facility Security Code and Chapter XI-2 of the International Convention for the Safety of Life at Sea. They are also called upon to engage with the International Maritime Organization (IMO) for promoting secure shipping along with ensuring freedom of navigation.
Furthermore, the member states should consider ratifying, acceding to, and implementing the 2000 United Nations Convention against Transnational Organized Crime and its protocols.
Understanding Key Maritime Laws & Treaties
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, establishes jurisdictional limits over ocean areas. It defines a distance of 12 nautical miles from the baseline as the Territorial Sea limit and a distance of 200 nautical miles as the Exclusive Economic Zone limit. India became a signatory to UNCLOS in 1982.
The International Ship and Port Facility Security (ISPS) Code, developed post the 9/11 attacks, enhances the security of ships and port facilities. Chapter XI-2 of the International Convention for the Safety of Life at Sea enshrines the ISPS Code.
Role of International Maritime Organization (IMO)
The IMO is a specialized agency of the United Nations responsible for improving the safety and security of international shipping and the prevention of marine and atmospheric pollution by ships. Since joining in 1959, India has been listed among the top 10 states with the ‘largest interest in international seaborne trade’.
The UN Convention against Transnational Organized Crime (UNTOC), adopted in 2000, aims for international cooperation in law enforcement as crimes can cross borders. India joined UNTOC in 2002.
Maritime Security: Stands of Key Countries
India proposed five basic principles for maritime security, including free maritime trade, peaceful settlement of disputes based on international law, responsible maritime connectivity, collective combat to maritime threats, and preservation of the maritime environment and resources.
The US highlighted the global security and commercial consequences of conflicts in the South China Sea, where China has been building military bases on artificial islands, also claimed by Brunei, Malaysia, the Philippines, Taiwan, and Vietnam.
China stated that the South China Sea situation is generally stable due to joint efforts with ASEAN countries. However, it raised concerns about exclusivity pursued by a few nations, referring indirectly to the Quad (US, India, Japan, Australia).
Russia emphasized the need to adhere strictly to international law and expressed a more nuanced position. The UK mentioned its vision for a free, open, and secure Indo-Pacific and stressed its commitment to this region. France urged greater cooperation among UNSC members to tackle challenges like climate change and its impact on security, particularly in terms of natural disasters.
