Not On The Same Page At Sea

Context: A critical analysis of the US’s freedom of navigation operation (FONOP) near the Lakshadweep Islands and the strong response from the Indian strategic community that followed.

Issue of difference in interpretations:

• US’s interpretation: US defended the military operation under FONOP, off India’s waters terming it “consistent with international law”.
  • It argues that India’s requirement of prior consent for passage of foreign warships through Indian EEZs is a violation of the United Nations Convention on the Law of the Sea (UNCLOS).
  • Articles 56 and 58, Part V of Law of the Sea entitle US warships to high-seas freedoms in the 200-nautical mile EEZs of another coastal state.
  • Broader picture of contesting China: U.S. FONOPs (Freedom of Navigation Operations) is an instrument to tackle China
    • For e.g. US warships challenged excessive Chinese claims thrice in 2016, four times in 2017, six in 2018, eight in 2019, and nine in 2020, with most patrols within 12 nautical miles of territorial sea limit around China’s islands.
    • Thus, it also helps India to keep military activism in the region in check.
  • The choice of Lakshadweep instead of Andaman and Nicobar was strategically chosen so as to avoid controversy due to its closeness to the South China Sea but at the same time signal to China that it is committed to upholding rules-based order in the waters of the opponents and partners alike.
• Indian interpretation: India believes that UNCLOS does not explicitly permit the passage of military vessels in another state’s EEZ.
  • This position is in line with the domestic law, the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones of India Act of 1976.
  • US’s hectoring on the subject isn’t acceptable as the US is yet to ratify UNCLOS.

Way Forward: While the US should recognise the implication of FONOP on the maritime sovereignty of India, India must also recognise the role it plays in keeping China in check and the challenges in the domestic regulations.

• For e.g. India’s declaration of straight baselines delineating zones around the Andaman and Nicobar Islands (on the Western edge), in particular, is a discrepancy.