Introduction to Ocean Governance
Oceans, covering over 70% of the Earth's surface, are vital for global trade, energy, food security, and climate regulation. Their governance, however, is a complex challenge, balancing national sovereignty with the principle of "common heritage of mankind." The United Nations Convention on the Law of the Sea (UNCLOS) serves as the foundational legal framework, delineating maritime zones and rights. This section delves into the provisions of UNCLOS, explores the emerging frontier of deep seabed mining and the role of the International Seabed Authority (ISA), examines the unique governance of the Antarctic Treaty System, highlights the growing importance of the Blue Economy concept (including India's vision), and addresses the critical issues of marine pollution and conservation efforts, underscoring the imperative for sustainable and equitable ocean governance.
6.7.1: UNCLOS - The "Constitution for the Oceans"
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and entered into force in 1994, is often called the "Constitution for the Oceans." It provides a comprehensive legal framework for all ocean activities, defining the rights and responsibilities of states in their use of the world's oceans. India is a signatory to UNCLOS.
Maritime Zones (Key Provisions from Baseline)
The low-water line along the coast, from which all other maritime zones are measured. This is the starting point.
Waters on the landward side of the baseline (e.g., rivers, lakes, ports). Subject to full coastal state sovereignty.
Coastal state has full sovereignty, but foreign ships have a right of "innocent passage."
Coastal state can enforce laws related to customs, fiscal, immigration, and sanitary matters to prevent infringement within its territory or territorial sea.
Coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources (living & non-living) in the waters, seabed, and subsoil. Foreign ships have freedom of navigation and overflight.
Natural prolongation of a coastal state's land territory underwater. Coastal state has sovereign rights over mineral and non-living resources of the seabed and subsoil (not the water above).
All parts of the sea not included in EEZ, territorial sea, or internal waters. Open to all states for freedom of navigation, overflight, fishing, scientific research, and laying cables/pipelines.
The seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. Its resources are declared the "Common Heritage of Mankind."
6.7.2: Deep Seabed Mining: New Frontier
Deep seabed mining involves extracting mineral deposits from the deep seabed, typically found in polymetallic nodules, cobalt-rich crusts, and seafloor massive sulfides. These resources are rich in critical minerals vital for high-tech industries.
International Seabed Authority (ISA)
- Establishment: An autonomous international organization established under UNCLOS.
- Mandate: To organize, regulate, and control all mineral-related activities in "The Area" (seabed beyond national jurisdiction) for the benefit of humankind as a whole.
- Challenges: Environmental concerns (potential impact on fragile deep-sea ecosystems), equitable benefit sharing, and developing the legal framework for commercial exploitation (mining code).
India's Role
- India holds a deep seabed exploration license from ISA for polymetallic nodules in the Central Indian Ocean Basin.
- India's "Deep Ocean Mission" focuses on exploration of living and non-living resources from the deep seabed, including developing manned submersibles (Samudrayaan).
6.7.3: Antarctic Treaty System: A Unique Model
The Antarctic Treaty System is a unique set of international agreements governing Antarctica, signed in Washington D.C. in 1959 (entered 1961). India became a signatory in 1983.
Key Principles
- Peaceful Use: Antarctica shall be used exclusively for peaceful purposes; military activities are prohibited.
- Scientific Research: Freedom of scientific investigation and cooperation shall continue.
- No New Territorial Claims: Freezing of existing territorial claims; no new claims can be made.
- Environmental Protection: The Protocol on Environmental Protection (Madrid Protocol, 1991) designates Antarctica as a "natural reserve, devoted to peace and science" and bans commercial mineral resource activities indefinitely.
Resource Exploitation & India's Role
- Resource Exploitation: Currently banned by the Madrid Protocol. Future exploitation remains a long-term potential challenge.
- India's Role: India maintains two active research stations in Antarctica: Maitri and Bharati. It also has a research station in the Arctic (Himadri). India's polar research contributes to climate change understanding and resource mapping.
- Antarctic Act (2022): India enacted a domestic legal framework to implement the Antarctic Treaty and Madrid Protocol.
6.7.4: Blue Economy: India's Maritime Vision
The Blue Economy refers to the sustainable use of ocean resources for economic growth, improved livelihoods, and ocean ecosystem health. It encompasses various sectors, including fisheries, aquaculture, maritime transport, coastal tourism, renewable ocean energy, biotechnology, and marine-based industries.
India's Vision for Blue Economy
- Components: Includes fisheries, aquaculture, ocean energy, responsible deep sea mining, maritime transport, tourism, and marine biotechnology.
- Initiatives: India's Deep Ocean Mission (exploring deep-sea resources), Sagarmala Project (port-led development), and focus on maritime security.
- Strategic Relevance: Integral to India's SAGAR (Security and Growth for All in the Region) vision in the Indian Ocean, aiming for inclusive growth and security through sustainable use of maritime resources.
6.7.5: Marine Pollution & Conservation
Marine Pollution
Contamination of the ocean by harmful substances or energy.
Types & Impact:
- Plastic Pollution: Microplastics, ghost fishing gear. Leads to harm to marine ecosystems, biodiversity loss.
- Oil Spills: Devastating short-term impacts on marine life and coastlines.
- Chemical & Agricultural Runoff: Eutrophication, dead zones, harmful algal blooms, contaminated seafood.
- Noise Pollution: Disrupts marine mammal communication and navigation.
Conservation Efforts
International Conventions:
- MARPOL: Regulates discharge of pollution from ships.
- London Convention: Controls dumping of waste at sea.
Global Initiatives:
- UNEP: Leads global efforts to protect marine and coastal ecosystems.
- High Seas Treaty (BBNJ, 2023): Landmark agreement to protect biodiversity in areas beyond national jurisdiction.
- Marine Protected Areas (MPAs): Designated areas with stricter regulations.
- Plastic Pollution Treaties: Negotiations ongoing for a legally binding global treaty.
India's Efforts:
- Initiatives like Swachh Sagar, measures to ban single-use plastics, and coastal zone management regulations.
Prelims-ready Notes: Quick Facts
UNCLOS (1982/1994)
"Constitution for the Oceans." India is signatory. Defines maritime zones.
EEZ
Exclusive Economic Zone: 200 nm (sovereign rights over resources in water, seabed). Freedom of Navigation (FON) for others.
The Area
Deep seabed beyond national jurisdiction. Resources: "Common Heritage of Mankind."
Deep Seabed Mining
Extracting minerals (polymetallic nodules). Regulated by ISA.
Antarctic Treaty System (1959)
Peaceful use, scientific research, no new claims. Madrid Protocol (1991) bans commercial minerals.
India in Antarctica
Signatory (1983). Research stations: Maitri, Bharati. Antarctic Act 2022.
Blue Economy
Sustainable use of ocean resources for economic growth. India's SAGAR vision, Deep Ocean Mission.
High Seas Treaty
BBNJ Agreement, signed 2023. Protects biodiversity in areas beyond national jurisdiction.
Marine Pollution
Plastic, oil spills, chemical runoff. Conventions: MARPOL, London Convention. India's Swachh Sagar.
Summary Table: Ocean Governance & Resources
| Aspect | Key Concepts/Instruments | Significance/Objective | India's Role/Stance |
|---|---|---|---|
| Ocean Governance | UNCLOS (1982): Territorial Sea, EEZ, Continental Shelf, High Seas, The Area | "Constitution for the Oceans," defines rights/responsibilities | Signatory, upholds rules-based order, promotes FON |
| Deep Seabed Resources | ISA (International Seabed Authority), Polymetallic Nodules | Regulates mineral activities in "The Area," common heritage | Exploration license, Deep Ocean Mission |
| Polar Regions | Antarctic Treaty System (1959), Madrid Protocol (1991) | Peaceful use, scientific research, mineral ban | Signatory, research stations (Maitri, Bharati), scientific research |
| Blue Economy | Sustainable use of ocean resources for economic growth | Sustainable development, livelihood, ocean health | SAGAR vision, Deep Ocean Mission, Sagarmala, economic growth |
| Marine Environment | Marine Pollution (plastic, oil), MARPOL, High Seas Treaty (2023) | Conservation, pollution prevention, biodiversity protection | Swachh Sagar, single-use plastic ban, advocate for conservation |
Mains-ready Analytical Notes
UNCLOS as the "Constitution for the Oceans": Significance and Challenges
Significance:
UNCLOS is the universally recognized legal framework for ocean governance, defining rights and responsibilities, promoting peaceful uses, and providing mechanisms for dispute resolution. It brought order to the "Tragedy of the Commons" in the oceans.
Challenges in Implementation/Contestation:
- South China Sea (SCS) Disputes: China's expansive claims (nine-dash line) challenge UNCLOS principles and the 2016 PCA ruling.
- Freedom of Navigation (FON) Operations: Conducted by powers like US to challenge excessive maritime claims.
- Overlapping EEZ Claims, IUU Fishing, Militarization, Arctic Claims.
India's Stance:
India is a strong advocate for UNCLOS as the bedrock of international maritime law, promoting its universal application, freedom of navigation, and peaceful resolution of disputes.
Deep Seabed Mining: A New Frontier for Resources and Environmental Governance
Resource Potential:
The deep seabed holds vast reserves of critical minerals (manganese, cobalt, nickel, rare earths) vital for green energy transition and high-tech industries.
Governance (ISA):
The International Seabed Authority (ISA) regulates mineral activities in "The Area" for the "Common Heritage of Mankind."
Environmental Concerns:
- Fragile, poorly understood deep-sea ecosystems susceptible to irreversible damage.
- Habitat destruction, sediment plumes, noise pollution, unknown long-term impacts.
Challenges:
Equitable benefit sharing, developing a comprehensive "mining code," transparency and accountability.
India's Role:
India holds an ISA exploration license and is pursuing its Deep Ocean Mission, emphasizing responsible exploration.
The Blue Economy: India's Vision for Sustainable Ocean-based Growth
Definition & India's Vision:
Sustainable use of ocean resources for economic growth, improved livelihoods, and ocean ecosystem health. India sees it as a powerful driver of national growth, diversification, and sustainable development.
Key Components for India:
- Fisheries and Aquaculture, Maritime Transport and Logistics (Sagarmala).
- Ocean Energy, Deep Sea Resources (Deep Ocean Mission), Marine Biotechnology, Coastal Tourism.
Strategic Relevance (SAGAR):
India's SAGAR (Security and Growth for All in the Region) doctrine integrates the Blue Economy with maritime security, capacity building, and HADR in the Indian Ocean Region.
Challenges:
Marine pollution, overfishing, climate change impacts (sea-level rise, ocean acidification), inadequate research, and regulatory frameworks.
Antarctic Treaty System: A Model of International Cooperation and Future Challenges
Model of Cooperation:
A unique success story of international cooperation, effectively demilitarizing a continent, dedicating it to peace and science, and freezing territorial claims.
Environmental Protection:
The Madrid Protocol's indefinite ban on commercial mineral exploitation is a landmark achievement.
Future Challenges:
- Resource Pressure (to revisit mineral ban), Climate Change impacts.
- Growing tourism impact, bioprospecting, interest from non-consultative parties.
India's Role:
As a consultative party with active research stations (Maitri, Bharati), India is committed to ATS principles, contributing to scientific research and environmental protection.
Current Affairs & Recent Developments
High Seas Treaty (BBNJ) Signed (June 2023)
Landmark agreement under UNCLOS to protect marine biodiversity in areas beyond national jurisdiction (high seas).
Loss and Damage Fund Operationalization (COP28, Dec 2023)
Implications for coastal communities facing sea-level rise and extreme weather events due to ocean warming.
Deep Ocean Mission Progress: Samudrayaan
India continues developing the Samudrayaan manned submersible (6000m depth) for deep-sea resource exploration.
Plastic Pollution Treaty Negotiations
Ongoing talks for a legally binding global treaty to end plastic pollution, aiming completion by late 2024.
India's Antarctic Act (2022)
Enacted to provide a legal framework for India's Antarctic activities and implement the Treaty and Madrid Protocol.
Red Sea Shipping Attacks (Late 2023-Early 2024)
Highlight vulnerabilities of maritime trade routes, underscoring importance of international maritime security.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. (2023) The term "Lithium Triangle" is associated with which of the following regions, in the context of critical mineral resources?
(a) Southeast Asia
(b) Latin America
(c) East Africa
(d) Central Asia
Hint: While not directly ocean-related, it ties into the broader theme of resource diplomacy and critical minerals for green transition.
2. (2022) In the context of global climate negotiations, 'Loss and Damage' refers to:
(a) Financial assistance for developing countries to mitigate climate change.
(b) Measures taken to adapt to the adverse effects of climate change.
(c) Funding provided for irreversible impacts of climate change that cannot be avoided.
(d) Compensation for historical emissions by developed countries.
Hint: This relates to climate change impacts on coastal areas and ocean ecosystems.
3. (2017) Which of the following best describes the 'Exclusive Economic Zone (EEZ)' as defined under UNCLOS?
(a) A zone where coastal states have full sovereignty over all activities, including military.
(b) A zone extending up to 200 nautical miles from the baseline, where coastal states have sovereign rights over natural resources.
(c) A zone where all states have complete freedom of navigation and overflight, without any coastal state jurisdiction.
(d) A zone of international waters where mineral resources are considered the "common heritage of mankind."
Hint: This directly tests knowledge of a key UNCLOS provision.
Mains Questions
1. (2021) "The global order is rapidly shifting from a unipolar to a multipolar world." Discuss the implications of this shift for India's foreign policy. (15 Marks)
Direction: Ocean governance, particularly in the Indo-Pacific, is a key arena of multipolar competition. India's SAGAR doctrine and commitment to UNCLOS reflect its response.
2. (2019) What is the significance of the 1994 United Nations Convention on the Law of the Sea? Discuss its key provisions and their implications for maritime security. (15 Marks)
Direction: Directly asks about UNCLOS, its zones, and implications for maritime security (FON, SCS disputes, piracy).
3. (2017) "India's foreign policy is best understood through the lens of strategic autonomy, which blends elements of both realism and liberalism." Discuss. (15 Marks)
Direction: India's commitment to UNCLOS (liberalism) while enhancing its naval capabilities and asserting its rights in its EEZ (realism) in the Indian Ocean reflects its strategic autonomy. Its pursuit of Blue Economy is also a mix of both.
UPSC Trend Analysis (Last 10 Years)
Prelims Trend
- Earlier: Basic definitions of UNCLOS zones or research stations.
- Current Trend: Highly conceptual and specific. Tests understanding of key terms (EEZ, The Area), critical issues (Deep Seabed Mining), and new initiatives (Blue Economy, High Seas Treaty). Strong emphasis on India's role (Deep Ocean Mission, SAGAR) and recent international legal/environmental developments.
Mains Trend
- Earlier: General description of UNCLOS.
- Current Trend: Demands critical analysis of opportunities and challenges. Expected to analyze balance (sovereignty vs. commons), discuss implications of new frontiers, examine India's holistic approach (Blue Economy), evaluate effectiveness of international frameworks, and utilize recent events.
Overall, UPSC seeks candidates who understand the complex legal, environmental, economic, and geopolitical dimensions of ocean governance, and India's proactive role in shaping a sustainable and secure future for the world's oceans.
Original Practice MCQs
1. The "Samudrayaan Mission", being developed by India, is associated with which of the following initiatives?
(a) Exploring alternative sea routes for maritime trade.
(b) Developing a manned submersible for deep ocean exploration.
(c) Establishing a network of coastal surveillance radars.
(d) Promoting sustainable fishing practices in the Indian Ocean.
Explanation: The Samudrayaan Mission is India's ambitious project under the Deep Ocean Mission to develop a manned submersible capable of carrying humans to a depth of 6000 meters for deep ocean exploration of resources.
2. The "Madrid Protocol", an international agreement related to the Antarctic, primarily aims to:
(a) Establish a military base for scientific research in Antarctica.
(b) Designate Antarctica as a natural reserve and ban commercial mineral resource activities indefinitely.
(c) Facilitate the exploration of oil and gas reserves in the Antarctic region.
(d) Resolve territorial disputes among claimant states in Antarctica.
Explanation: The Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol, 1991) designates Antarctica as a "natural reserve, devoted to peace and science" and crucially imposes an indefinite ban on commercial mineral resource activities.
Original Practice Mains Questions
1. "Deep seabed mining presents a tantalizing prospect for securing critical minerals but also poses significant environmental and ethical dilemmas. Critically analyze the challenges associated with deep seabed mining and the role of the International Seabed Authority (ISA) in regulating this emerging frontier." (15 Marks)
Key Points/Structure:
- Introduction: Define deep seabed mining and acknowledge its resource potential. State environmental and ethical dilemmas.
- Resource Potential: Demand for critical minerals (EVs, renewables, high-tech).
- Challenges Associated with Deep Seabed Mining:
- Environmental Impact: Fragile, poorly understood deep-sea ecosystems, irreversible damage to biodiversity, habitat destruction, sediment plumes, noise pollution, unknown long-term consequences.
- Technological Challenges (extreme depths).
- Equitable Benefit Sharing (Common Heritage of Mankind).
- Lack of Comprehensive Regulation (ISA mining code development).
- Transparency and Accountability concerns.
- Role of International Seabed Authority (ISA):
- Mandate: Organize, regulate, control mineral activities in "The Area."
- Challenges for ISA: Balancing economic development with environmental protection, ensuring equitable benefit sharing, developing robust and enforceable regulatory framework amidst competing interests.
- Conclusion: DSM offers opportunities but formidable challenges. ISA's effectiveness hinges on robust, transparent, and environmentally protective regulation for common heritage.
2. "The concept of the 'Blue Economy' offers a pathway for sustainable development by harnessing ocean resources, but its realization depends on addressing critical challenges like marine pollution and climate change impacts. Discuss India's vision for the Blue Economy and the efforts required for its sustainable implementation." (20 Marks)
Key Points/Structure:
- Introduction: Define Blue Economy, its potential for India.
- India's Vision for the Blue Economy:
- National Growth Driver (GDP, livelihoods, food security).
- Key Components: Fisheries, maritime transport (Sagarmala), ocean energy, deep sea mining (Deep Ocean Mission), marine biotechnology, coastal tourism.
- Strategic Relevance: Integral to SAGAR vision (prosperity + security).
- Emphasis on sustainable utilization.
- Challenges to Realization:
- Marine Pollution: Plastic, oil spills, chemical runoff, IUU fishing.
- Climate Change Impacts: Sea-Level Rise, Ocean Acidification, Ocean Warming.
- Over-exploitation of Resources, Lack of Capacity.
- Efforts Required for Sustainable Implementation:
- Robust Governance (UNCLOS, domestic laws).
- Pollution Control (MARPOL, plastic bans, wastewater).
- Climate Action (mitigation, adaptation).
- Sustainable Resource Management (fisheries, DSM).
- Research & Innovation.
- International Cooperation (IORA, Quad, UN agencies, High Seas Treaty).
- Capacity Building.
- Conclusion: Blue Economy is transformative for India. Success hinges on addressing challenges, improving governance, investing in research, and fostering cooperation.