‘UN Convention on the Law of the Sea is still the constitution of oceans’

The UNCLOS framework is central to global maritime governance, establishing clear rules for territorial waters, exclusive economic zones (EEZs), and the high seas. A critical aspect discussed is the U.S. non-ratification of the treaty, despite regarding it as customary international law. This creates a paradox where a major naval power adheres to rules it hasn't formally accepted, complicating enforcement and dispute resolution. Furthermore, the interview underscores the principle of transit passage, a right enshrined in UNCLOS that guarantees unimpeded navigation through international straits like Hormuz and Malacca. Iran's reluctance to grant this right to military vessels highlights the ongoing tension between national security concerns and the principle of freedom of navigation. UPSC aspirants must understand how UNCLOS functions as a mechanism for peaceful dispute settlement, particularly its compulsory dispute settlement system, which distinguishes it from many other international treaties.

From a geographical perspective, the interview touches upon the strategic importance of chokepoints like the Strait of Hormuz and the Malacca-Singapore straits. These narrow waterways are critical arteries for global trade, particularly energy supplies. Disruptions in these regions have severe cascading effects on the global economy. UNCLOS defines the legal status of these straits, balancing the rights of coastal states with the necessity of international maritime traffic. Additionally, the concept of the deep seabed as the 'common heritage of mankind' (Part XI of UNCLOS) is crucial. This principle, which initially faced opposition from capitalist nations like the U.S. during the Reagan era, aims to ensure equitable sharing of resources found beyond national jurisdictions. Aspirants should be familiar with the different maritime zones delineated by UNCLOS—territorial sea, contiguous zone, EEZ, and the continental shelf—and how overlapping claims in areas like the South China Sea lead to geopolitical friction.

The issue of the 'dark fleet'—vessels operating outside regulatory frameworks, often engaged in illegal activities or sanctions evasion—poses a significant challenge to maritime governance. The interview suggests that the International Maritime Organization (IMO), a specialized agency of the UN, is the appropriate forum to address this problem. This highlights the interplay between different international bodies: while UNCLOS provides the overarching legal framework, specialized agencies like the IMO are responsible for developing and enforcing specific regulations concerning maritime safety, security, and environmental protection. Effective governance requires robust international cooperation and adherence to established rules, rather than unilateral punitive actions on the high seas. This underscores the importance of multilateral institutions in managing shared global commons.