31 The Indian Ocean and the Law of the Sea: A Work in Progress

2015 ◽  
Author(s):  
Elferink Alex G Oude
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
General Description ◽  
Large Measure ◽  
Work In Progress ◽  
The Indian Ocean ◽  
The Law ◽  
Subregional Cooperation

This chapter assesses the implementation of the law of the sea in the Indian Ocean. It begins by providing a definition and general description of the Indian Ocean. It then discusses maritime zones and boundaries and regional and subregional cooperation. The practice of Indian Ocean coastal States generally shows a large measure of consistency with the UN Nations Convention on the Law of the Sea (LOSC) as regards the extent of maritime zones. A considerable divergence from the LOSC exists in the case of straight baselines, whereas in the case of archipelagic baselines there is conformity to the Convention, suggesting that the numerical controls contained in Article 47 have been more effective.

Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean, Preliminary Objections (ITLOS)

2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Maritime Boundary ◽  
The Indian Ocean ◽  
The Law ◽  
Arbitral Proceedings ◽  
Chagos Archipelago

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

Le Droit des Nations aux Indes Orientales Aux XVIE, XVIIE, XVIIIE siècles (1964)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Natural Law ◽  
European Law ◽  
Historical Reality ◽  
Law Of Nations ◽  
The Family ◽  
The Indian Ocean ◽  
Territorial Rights ◽  
The Law

This chapter challenges the projection of nineteenth-century assumptions onto the historical reality of the sixteenth through eighteenth centuries by arguing that the earlier transactions between European and Asian powers took place under the rubric of the law of nations. The classical European authors founded their theories on natural law and considered the family of nations universal, and Europeans acquired territorial rights in Asia in accord with principles of European law, through conquest or treaties of cession. The law of nations in Europe at this time was still in formation, and juridical developments were affected by the practice of states in the Indian Ocean. The chapter considers uncertainties and debates around sovereignty (vassals, suzerains, trading companies), territorial title, and maritime law, particularly in the controversy between Grotius and Freitas, and the rise of discriminatory monopolistic treaties that restricted Asian sovereigns’ ability to deal with more than one European power.

scholarly journals A Cooperation Project Between the State University of Ghent and the University of Nairobi on the Law of the Sea, Ocean Management and Marine Policy

Afrika Focus ◽  
1991 ◽  
Vol 7 (1) ◽  
pp. 3-14
Author(s):  
Eddy Somers
Keyword(s):  
Law Of The Sea ◽  
Marine Policy ◽  
General Description ◽  
State University ◽  
Cooperation Project ◽  
Academic Level ◽  
Ocean Management ◽  
The Law ◽  
The University ◽  
Further Development

This contribution gives an idea of the necessity of cooperation in the field of the law of the sea, ocean management and marine policy towards East Africa. It is demonstrated through a substantial analysis of the development of the law of the sea that such a cooperation on an academic level can be a valuable means for further development in these fields for Third World States. A general description of a present cooperation project with Kenya is given as an example of this kind of approach.

Ships Passing in the Night? Reflections on the Middle East in the Indian Ocean

2016 ◽  
Vol 48 (4) ◽  
pp. 758-762 ◽  
Author(s):  
Fahad Ahmad Bishara
Keyword(s):  
Middle East ◽  
Indian Ocean ◽  
Large Measure ◽  
South Arabia ◽  
The Indian Ocean ◽  
Number Of Publications ◽  
Middle East Studies ◽  
The Waves

The study of the Middle East is witnessing a sea change (excuse the maritime metaphor). The traditional geographic poles of Middle East studies (Turkey, Egypt, the Levant, and Iraq) stand firm, but are now facing a challenge from places once thought to be peripheral to the historiography: namely, South Arabia and the Gulf. The rising tide of scholarship on those areas is due in large measure to the opportunities that now present themselves in resituating them historically, and thinking about them as part of broader transoceanic worlds. This reorientation has made itself clear in the growing number of publications that wrestle with the Middle East's maritime frontiers—especially in the sister disciplines of history and anthropology. Here I limit myself to just one of those disciplines—history—and chart out the waves of contact between historians of the Middle East and the Indian Ocean. I offer no argument, but rather a survey of where the field has been and the opportunities that lie ahead.

Sign in / Sign up

Export Citation Format

Share Document