INTRODUCTION

Maritime Law, also known as Admiralty Law, is a set of frameworks that governs and guides the nautical matters of a country. These matters can range from shipping to disputes that might arise due to shipping or any other activity on the nautical waters. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships.[1] While a country’s private laws to govern matters of the sea are called Maritime Law, the public laws on the same matter are termed as Law of Sea.

International Maritime Organisation (IMO) is an international body that governs peaceful and effective trading of maritime matters all over the world. It also ensures UNCLOS is effectively implemented all over the world.

MARITIME LAWS IN INDIA

India, being a country surrounded by water on three sides, maritime law plays an important role here. India has always been involved in sending and receiving items via sea route long before these regulations were actually framed. The genesis of present Maritime Laws of India are mostly products of development on the matter that took place in colonial times. Many prominent regulations were framed in this context, namely, The Coasting Vessels Act, 1938, The Indian Registration of Ships Act, 1841, The Admiralty Offences (Colonial) Act, 1849, The Indian’s Port Act, 1908, The Inland Steam-vessels Act, 1917, The Indian Merchant Shipping Act, 1923, The Merchant Seamen (Litigation) Act, 1946; the Control of Shipping Act, 1947, The Merchant Shipping Laws (Extension to Acceding States and Amendment) Act, 1949, The Territorial Waters Jurisdiction Act, 1878, etc. Therefore, it can be rightly said that the majority of regulations governing maritime laws in India were framed during colonial rule and that too especially in the time frame mid-18th century to mid-19th century.

The disputes that arise in maritime matters are predominantly taken care of by two major regulations, The Letter Patent, 1862 and The Colonial of Admiralty (India) Act, 1891. The latter confirmed the jurisdiction and adjudication of Maritime questions in India.

Initially High Courts of Madras, Bombay and Calcutta were the appropriate jurisdiction to solve the matters related to maritime disputes. But with the case of M.V. Elisabeth v. Harwan Investment and Trading Pvt.. Ltd[2]., principles of International Convention on Maritime Laws were made applicable in India’s common law. The rationale behind applying international convention was that there were no Indian Statutes in relation to Maritime claims governing Indian court’s jurisdiction. This was a departure from long standing custom of applying Maritime laws British Legislations.[3] With this, the matter of this context can now be tried in any High Court of the country.

MARITIME LAW vs. LAW OF THE SEA

Admiralty Laws generally apply to private elements like ships, boats, its employees, its owners, the business it can carry. On the other hand, Laws of the Sea are a little more complex than The Maritime Law. It involves nations and is concerned with how nations act and how they are responsible to each other on matters of Maritime Law. The Law of the Sea was codified in 1994’s United Nations Convention on the Law of the Sea (UNCLOS).

The Law of the Sea usually deals with the following:[4]

●        Territorial Sea

A country’s territorial sea extends up to 12 nautical miles from the coast of the country. In this area, a country’s maritime laws are operational. However, any foreign vessel including a military vessel can pass through due to the doctrine of “innocent passage”, which essentially means that it is okay for vessels of foreign countries to pass through until the reason for the same is innocent and does not hamper any laws of the country.

●        Contiguous Zone

The area beyond the territorial sea or beyond 12 nautical miles of the country’s coast is the Contiguous Zone. No country has any special control on this zone. A country has limited control to the extent that activities in this area do not hamper the activities of the territorial sea area or do not infringe any laws of the country concerned.

●        Exclusive Economic Zone

The area extending up to 200 nautical miles from the coastline of a country is the Exclusive Economic Zone. It includes both territorial sea and contiguous zone. The country concerned has all the rights over resources like fishes, mines, water, marine research over this area along with duty to maintain the environment and peace over this area.

●        Continental Shelf

The area measuring up to 350 nautical miles from the baseline of the coastal state of a country into the sea is continental shelf area. The coastal area has exclusive rights on natural resources of this area and also has the right to grant mining in this area to other nations.

●        High Seas

The part of the sea beyond the control of any nation are the High seas. The part that is beyond the territorial sea area or the contiguous sea or the exclusive economic zones are or the continental shelf area, is the area of high seas. These are essentially used by vessels of any country to navigate through the international waters. All the nations have rights over this area. Rights can include rights to navigate, fishing, build artificial islands, build mines, etc. Although any illicit or illegal activities like trafficking of illegal items or carrying of any illegal trade is still prohibited under this area.

The United Nations Convention on the Law of the Sea is so far ratified by 167 countries. India is also a signatory of this convention.

SOUTH CHINA SEA DISPUTE

One of the most prominent cases in the context of Maritime Law and United Nations Convention on Law of the Sea can be seen in the long-disputed South China Sea.

Six governments claimed that Paracel and Spratly Island belonged to them. The matter of dispute here is that China claims that the majority part of the sea including Island falls under it’s nine dash line and therefore most of it is China’s territorial sea area. Although in reference to the distance, other countries too have rights over it as they also fall in the ambit of their territorial waters.

In 2016, an international tribunal in Hague, Netherlands ruled against the claims of China and directed that the countries concerned must negotiate with each other, in the case brought forward by the Philippines. China refused this ruling and authority of the convention and hence the area still stands disputed.[5]

Even though in the light of this long drawn dispute, most of the matters are settled up, it still has some  unresolved issues related to military activities, especially “innocent passage” by warships in territorial seas. Under the Law of the Sea Convention, a foreign warship can pass within the 12 nautical miles of another state as long as it takes a direct route and doesn’t conduct military operations. The 12 nautical miles part is still disputed as due to the geographical location of the sea and the states, no particular country has clear authority over it.

 

CONCLUSION

The field of Maritime Law is still pretty untouched and new. Not much is out there about it that would enable people to understand it entirely. Maritime Law like any other law is continuously evolving and because India is a country surrounded by water on three sides, it’s majority business and trading activities overseas is carried on by the help of water bodies. That is what makes the scope of Maritime Law even broader. The Indian Ocean is projected to become a dominant geopolitical and economic force in the 21st century. That would invite even more trade to the country, making UNCLOS play a much more eminent role here. Prime Minister Narender Modi, has identified and emphasized the Blue Economy as a tool for overall comprehensive growth of the country and encouraged the use of it as an instrument of expansion in the marine sector. Blue Economy in India is a sea of opportunity for the Indian Economy to be able to derive sustainable development. With an over 7,500-km-long coastline spread across nine coastal states, four union territories (UTs) - including two island UTs, 12 major, and 200 minor ports, India's blue economy supports 95% of the country's business through transportation and contributes an estimated 4% to its Gross Domestic Product (GDP).[6] Therefore it is evident how important it is for the country to develop around the Maritime Law and explore the ever expansive sustainable sector.


About the Author: This Legal Article is prepared by Ms. Riya Raj, law student at Amity Law School, Noida and is an intern at MyLawman. She can be reached at riyaraj792@gmail.com. 

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