BHARATI VIDYAPEETH

NEW LAW COLLEGE

SUBJECT –MARITIME LAW

Comparative Study Of Maritime Law Between India And China

Submitted To:- Prof. Madhusudan Lahoti

Submitted By – ASHMIT ASIJA
SECTION– ‘C’
ROLL NO. – ‘17’
B.A. LLB

1
 DECLARATION
This is to declare that the Research report titled as “Comparative Study of
Maritime Law between India and China” is bonafide work submitted at Bharati
Vidyapeeth University is an outcome of my work and is undertaken by me. I,
further declare that present work is bonafide one and outcome of my own
efforts, this research report or any part thereof, has not been submitted in part or
full to this or any other university for any degree or diploma or any similar title.

(Signature of the Candidate)

Name:- Ashmit Asija

Roll No.:- 17
Division- C
Class:- B.A.LLB
College Name:-Bharati Vidyapeeth University

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 TABLE OF CONTENT

1) Abstract Page No.-5

2) Introduction Page No.-5-
6
3) Historical Background India and China Page No.7-10
4) Laws in India and China Page No.-10-13
5) Maritime Disputes Page No.-13
6) Maritime Disputes
Between India And China Page No.-13-14
7) Legal Rights And Protection Page No.-15-17
8)Conclusion Page No.-18

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 INDEX OF AUTHORITIES
Bibliography
1. Maritime Jurisdiction and Admiralty Law in India
2. Admiralty and Maritime Law
3. Unmanned Ships and the Law
4. Maritime Law in Motion

Webliography
1. https://imli.org/
2. https://law.justia.com/constitution/us/article-3/27-
3. https://www.jmbaxi.com/
4. https://www.mondaq.com/
5. https://legal.un.org/
6. https://www.dgshipping.gov.in/
7. https://nalsarpro.org/
8. https://www.imo.org/
9. https://www.imo.org/
10. Force, R., Yiannopoulos, A. N., Davies, M. (2006). Admiralty and Maritime
Law..
11. https://maintenanceandcure.com/
12. SÖZER, BÜLENT. Unmanned Ships and the Law. N.p., Taylor & Francis, 2023.
13. https://www.indiacode.nic.in/
14. Mahanty, Samareshwar. Maritime Jurisdiction and Admiralty Law in India:.
15. https://www.mea.gov.in/
16. https://www.law.cornell.edu/
17. https://unctad.org/
18. https://www.ilo.org/dyn
19. https://www.latestlaws.com/latest-caselaw/1992/february/1992-latest-
caselaw-62-sc
20. https://scholar.smu.edu/cgi/viewcontent.cgi?article=1221&context=jalc

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Abstract
Maritime law serves as the backbone for regulating various aspects of maritime activities,
including navigation, trade, security, and environmental protection. This comparative study
explores the maritime legal frameworks of two significant Asian nations, India and China,
shedding light on their legislative structures, jurisdictional approaches, dispute resolution
mechanisms, security strategies, environmental regulations, and international engagements.
India and China, with their extensive coastlines, strategic maritime interests, and growing
maritime industries, offer intriguing case studies for examining the complexities of maritime
governance in diverse geopolitical contexts. While both countries share common challenges
such as territorial disputes, piracy threats, and environmental degradation, their approaches to
addressing these challenges reflect their unique historical, political, and legal contexts.
Maritime security constitutes a critical aspect of both India and China's maritime governance
strategies, with each nation deploying naval assets, conducting patrols, and participating in
international maritime security initiatives to safeguard their maritime interests. Additionally,
environmental protection has emerged as a priority for both countries, leading to the
enactment of laws and regulations aimed at mitigating marine pollution and promoting
sustainable maritime practices.
Furthermore, India and China's participation in international maritime agreements and
conventions, including the United Nations Convention on the Law of the Sea (UNCLOS),
underscores their commitment to upholding international maritime law and fostering regional
and global maritime cooperation.
Through this comparative analysis, this study aims to deepen understanding of the maritime
legal frameworks in India and China, highlight areas of convergence and divergence, and
offer insights into the implications for regional and global maritime governance. Such
insights are crucial for policymakers, legal practitioners, scholars, and stakeholders seeking to
navigate the complexities of maritime affairs in the dynamic Asian maritime landscape

Introduction:
Maritime law, a complex and multifaceted legal domain, plays a pivotal role in regulating
various activities within the maritime sector, encompassing navigation, commerce, security,
and environmental protection. As two prominent nations in Asia with extensive coastlines and
strategic maritime interests, China and India have developed comprehensive legal
frameworks to govern their maritime affairs. A comparative examination of maritime law
between these two countries offers valuable insights into their legislative structures,
jurisdictional practices, dispute resolution mechanisms, security strategies, environmental
regulations, and international engagements.
China and India share commonalities in facing maritime challenges1 such as territorial
disputes, piracy threats, and environmental degradation, yet their approaches to addressing
1
https://journals.sagepub.com/doi/full/10.1177/09750878211049224

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these challenges are shaped by distinct historical, political, and legal contexts. Understanding
the similarities and differences in their maritime legal frameworks is essential for grasping
the complexities of maritime governance in diverse geopolitical settings.
This comparative study aims to provide a comprehensive analysis of maritime law in China
and India, focusing on key aspects such as legislation, jurisdiction, dispute resolution,
security, environment, and international agreements. By examining these aspects, we seek to
elucidate the nuances of maritime governance in both countries and assess their implications
for regional and global maritime dynamics.
The study begins by exploring the legislative foundations of maritime law in China and India,
examining the primary statutes and regulations that govern maritime activities within their
respective jurisdictions. It then delves into jurisdictional practices, highlighting the
mechanisms through which maritime disputes are adjudicated and maritime laws are enforced
in both countries.
Subsequently, the study investigates the dispute resolution mechanisms employed by China
and India to address maritime conflicts, including the role of specialized admiralty courts and
alternative dispute resolution mechanisms. Moreover, it examines the maritime security
strategies pursued by both nations to safeguard their maritime interests and combat emerging
threats such as piracy, smuggling, and terrorism.
Environmental protection emerges as another focal point of the comparative analysis, with a
focus on the regulatory frameworks, enforcement mechanisms, and initiatives undertaken by
China and India to mitigate marine pollution, preserve marine ecosystems, and promote
sustainable maritime practices.
Finally, the study examines the participation of China and India in international maritime
agreements2 and conventions, assessing their compliance with international legal norms and
their contributions to global maritime governance efforts.
Through this comparative study, we aim to enhance understanding of the maritime legal
landscapes in China and India, identify areas of convergence and divergence, and offer
insights into the evolving dynamics of maritime governance in the Asia-Pacific region. Such
insights are invaluable for policymakers, legal practitioners, scholars, and stakeholders
involved in maritime affairs, facilitating informed decision-making and collaboration to
address shared maritime challenges effectively.

2
https://www.govinfo.gov/content/pkg/CPRT-106SPRT66922/html/CPRT-106SPRT66922.htm

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Historical background
 India
It is rich and multifaceted, spanning thousands of years of maritime interactions, legal
developments, and cultural exchanges. Understanding this historical context is
essential for comprehending the evolution of maritime law in India and its
significance in shaping the country's maritime governance framework. Here's an
overview of the historical background of maritime law in India:
1. Ancient Maritime Traditions:3
 India has a long-standing maritime tradition that dates back to ancient times.
The country's extensive coastline, strategic location along major trade routes,
and thriving ports facilitated maritime commerce with civilizations across
Asia, Africa, and the Middle East.
 Ancient Indian texts such as the Arthashastra, Manusmriti, and Kautilya's
Arthashastra provide insights into maritime trade practices, maritime disputes
resolution, and maritime laws governing commercial activities, navigation,
and maritime security.
2. Early Legal Systems:
 India's maritime legal system evolved within the framework of its ancient
legal traditions, including Dharmashastra and Kautilya's Arthashastra, which
contained provisions for maritime trade, maritime crimes, and penalties.
 During the Maurya and Gupta periods (circa 4th century BCE to 6th century
CE), maritime trade flourished, and administrative mechanisms were
established to regulate maritime activities, resolve disputes, and enforce
maritime laws.
3. Medieval Maritime Governance:
 The medieval period witnessed the emergence of powerful maritime kingdoms
such as the Cholas, Pallavas, and Cheras in South India, as well as the
maritime Sultanates and empires in regions like Gujarat and Bengal.
 These maritime powers developed sophisticated legal systems to govern
maritime trade, administer ports, levy taxes and tariffs, and resolve maritime
disputes. They also established maritime courts and appointed officials to
oversee maritime affairs.
4. Colonial Influence:4

3
https://www.tndalu.ac.in/econtent/40_Maritime_Law.pdf

4
https://pwonlyias.com/advent-of-europeans-causes-and-impacts/

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  The arrival of European colonial powers, particularly the Portuguese, Dutch,
French, and British, in India from the 15th century onwards, significantly
influenced India's maritime legal landscape.
 The British East India Company, which gradually expanded its control over
maritime regions, introduced Western legal concepts and maritime laws,
including British Admiralty Law, which became applicable in India.
5. British Rule and Legal Reforms:
 Under British colonial rule, India's maritime legal system underwent
significant changes. The British established maritime courts, enacted laws
governing maritime commerce, navigation, and maritime disputes, and
introduced legal frameworks for maritime insurance, salvage, and admiralty
jurisdiction.
 The British Admiralty Courts Act of 1840 established British Admiralty Courts
in India to adjudicate maritime cases, laying the foundation for India's modern
admiralty jurisdiction.
6. Post-Independence Developments:
 After gaining independence in 1947, India embarked on a process of legal
reforms aimed at modernizing its legal system. The Admiralty (Jurisdiction
and Settlement of Maritime Claims) Act, 2017, represents a significant
milestone in India's maritime legal framework, codifying admiralty
jurisdiction and modernizing maritime laws.
Through these historical developments, India's maritime legal system has evolved, drawing
upon ancient traditions, colonial legacies, and contemporary legal reforms to address the
complexities of maritime governance in the modern era.

 China
It is deeply intertwined with the country's rich maritime traditions, its status as a
maritime power, and its interactions with neighbouring states and maritime traders
over millennia. Here's an overview of the historical background of maritime law in
China:
1. Ancient Maritime Traditions:
 China has a long history of maritime activities dating back to ancient times.
The country's maritime traditions can be traced to the early dynastic periods,
including the Xia, Shang, and Zhou dynasties (circa 2100 BCE to 221 BCE).
 Ancient Chinese texts such as the Book of Documents (Shujing) and Records
of the Grand Historian (Shiji) contain references to maritime trade, maritime
customs, and regulations governing maritime activities during these periods.
2. Maritime Silk Road:5
5
https://www.investopedia.com/terms/s/silk-route.asp

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  China played a central role in the ancient Maritime Silk Road, which
connected China to regions across Asia, Africa, and Europe through maritime
trade routes. The Silk Road facilitated the exchange of goods, ideas, and
cultures, contributing to the development of maritime commerce and maritime
laws.
3. Imperial Maritime Regulations:
 Throughout China's imperial history, successive dynasties established
maritime regulations to govern maritime trade, navigation, and maritime
security. The Tang (618–907 CE) and Song (960–1279 CE) dynasties, in
particular, implemented maritime policies to regulate coastal trade, control
piracy, and protect maritime routes.
4. Maritime Codes and Regulations:
 China's imperial rulers issued maritime codes and regulations to manage
coastal trade, shipping routes, and maritime disputes. These regulations often
included provisions for maritime commerce, maritime customs duties,
navigation rules, and penalties for maritime crimes.
5. Legal Treatises and Jurisprudence:6
 Chinese legal scholars and officials produced treatises and jurisprudence on
maritime law, contributing to the development of legal principles and practices
governing maritime activities. Notable works include the Treatise on Maritime
Law (Hai Lu) by Shen Huang and the Compendium of Maritime Law (Hai Lu
Daquan) by Zheng Zhilong.
6. Colonial Encounters and Legal Adaptations:
 During the colonial era, China came into contact with European powers,
including the Portuguese, Dutch, and British, which influenced its maritime
legal landscape. China adapted certain Western legal concepts and practices,
including elements of admiralty law, to regulate maritime commerce and
maritime disputes.
7. Modern Legal Reforms:
 In the modern era, China underwent legal reforms aimed at modernizing its
legal system and adapting to changing geopolitical realities. The establishment
of the People's Republic of China in 1949 led to the adoption of new legal
frameworks, including maritime laws, influenced by socialist principles and
the country's strategic imperatives.
8. Contemporary Maritime Governance:
 Today, China has a comprehensive legal framework governing various aspects
of maritime activities, including navigation, maritime commerce, maritime

6
https://mainelaw.maine.edu/faculty/wp-content/uploads/sites/4/rogoff-oclj-13.pdf

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 safety, marine environmental protection, and maritime disputes. The Maritime
Code of the People's Republic of China serves as a primary legal instrument
regulating maritime affairs in the country.
Through these historical developments, China's maritime legal system has evolved, drawing
upon ancient traditions, legal adaptations, and contemporary legal reforms to address the
complexities of maritime governance in the modern era.

Laws in India
 India has several important laws and regulations governing maritime activities,
ensuring the regulation, safety, and security of maritime operations. Here are some of
the significant maritime laws in India:
1. The Merchant Shipping Act, 1958:7
 This comprehensive legislation governs various aspects of merchant shipping
in India. It covers matters related to the registration of Indian ships,
navigation, crewing, safety, pollution prevention, and liability for maritime
claims.
2. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017:8
 This act provides for the establishment of admiralty jurisdiction and the
settlement of maritime claims in India. It empowers High Courts to exercise
admiralty jurisdiction over maritime disputes, including claims relating to
maritime liens, collisions, salvage, and carriage of goods by sea.
3. The Major Port Trusts Act, 1963:9
 This legislation governs the administration, management, and regulation of
major ports in India. It outlines the powers and functions of port authorities,
port conservators, and port regulations, ensuring efficient port operations and
maritime trade.
4. The Coastal Regulation Zone (CRZ) Notification, 2019:10
 The CRZ notification regulates activities in the coastal areas of India to protect
the coastal environment and promote sustainable coastal development. It

7
https://shipmin.gov.in/sites/default/files/MERCHANT_SHIPPING_BILL_2020_EXPLANATION_KEY.pdf

8
https://www.indiacode.nic.in/handle/123456789/2256?locale=en#:~:text=India%20Code%3A%20Admiralty
%20(Jurisdiction%20and,of%20Maritime%20Claims)%20Act%2C%202017&text=Long%20Title%3A,connected
%20therewith%20or%20incidental%20thereto.

9
https://www.indiacode.nic.in/repealed-act/repealed_act_documents/A1963-38.pdf

10
https://www.fao.org/faolex/results/details/en/c/LEX-FAOC213892/#:~:text=The%20Central%20Government
%20declares%20the,Coastal%20Regulation%20Zone%20(CRZ).

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 delineates permissible activities, restrictions, and regulations within different
coastal zones, safeguarding coastal ecosystems and resources.
5. The Prevention of Maritime Pollution (PMP) Act, 2008:11
 This act aims to prevent and control pollution from ships in Indian waters and
the exclusive economic zone (EEZ). It implements international conventions
such as the International Convention for the Prevention of Pollution from
Ships (MARPOL) and establishes penalties for violations of pollution
prevention regulations.
6. The Indian Ports Act, 1908:12
 This legislation governs the operation and management of minor ports in
India. It provides for the appointment of port authorities, regulation of port
operations, and enforcement of port rules and regulations, ensuring safe and
efficient port management.
7. The Indian Maritime University Act, 2008:13
 This act establishes the Indian Maritime University (IMU) as a central
university dedicated to maritime education, training, research, and extension
activities. It aims to promote excellence in maritime education and develop a
skilled workforce for the maritime sector.
8. The Carriage of Goods by Sea Act, 1925:14
 This legislation incorporates the rules and provisions of the Hague-Visby
Rules governing the carriage of goods by sea into Indian law. It regulates the
rights and liabilities of carriers and shippers in maritime cargo transportation.
These are some of the key maritime laws in India that govern various aspects of maritime
activities, ensuring compliance with international standards and promoting the safety,
security, and sustainability of maritime operations within Indian waters and beyond.

 In China, maritime activities are governed by a comprehensive legal framework that

encompasses various laws and regulations. Here are some of the important maritime
laws in China:
1. Maritime Code of the People's Republic of China:

11
https://leap.unep.org/en/countries/ws/national-legislation/marine-pollution-prevention-act-2008

12
https://www.vocport.gov.in/acts/Indian_Ports_Act.pdf

13
https://indiacode.nic.in/handle/123456789/2093?
view_type=browse&sam_handle=123456789/1362#:~:text=An%20Act%20to%20establish%20and,for
%20matters%20connected%20therewith%20or

14
https://dgshipping.gov.in/WriteReadData/userfiles/file/Indiancarriage_goods_seaact_1925.pdf

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  The Maritime Code of China, last amended in 2020, serves as the primary
legislation governing maritime affairs in the country. It covers a wide range of
maritime matters including navigation, maritime commerce, maritime safety,
marine environmental protection, maritime disputes, and liability for maritime
claims.
2. Law of the People's Republic of China on the Territorial Sea and the Contiguous
Zone:
 This law defines China's territorial sea and contiguous zone, outlining the
rights and obligations of vessels navigating in these waters. It specifies rules
regarding innocent passage, jurisdiction, and enforcement within China's
territorial waters.
3. Law of the People's Republic of China on the Exclusive Economic Zone and the
Continental Shelf:
 This law establishes China's exclusive economic zone (EEZ) and continental
shelf, delineating the rights and responsibilities of the state in these maritime
zones. It regulates resource exploitation, marine scientific research,
environmental protection, and jurisdictional issues within China's EEZ and
continental shelf.
4. Maritime Traffic Safety Law of the People's Republic of China:
 This law governs maritime traffic safety and sets forth rules and regulations to
ensure the safe navigation of vessels in Chinese waters. It covers vessel
registration, navigation aids, traffic control, collision prevention, and
emergency response procedures.
5. Law of the People's Republic of China on the Protection of Offshore
Installations:
 This law regulates the protection of offshore installations such as oil and gas
platforms, wind farms, and other structures in China's offshore areas. It
addresses safety measures, environmental protection, and liability for damage
to offshore installations.
6. Law of the People's Republic of China on the Prevention and Control of Marine
Pollution:
 This law aims to prevent and control marine pollution in China's maritime
areas, including pollution from ships, offshore activities, and land-based
sources. It establishes measures for pollution prevention, emergency response,
liability, and compensation for marine pollution incidents.
7. Law of the People's Republic of China on the Coast Guard:
 This law governs the organization, duties, and powers of China's coast guard,
which is responsible for maritime law enforcement, search and rescue
operations, and maritime security. It outlines the coast guard's authority to

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 enforce maritime laws, protect maritime interests, and maintain order in
Chinese waters.
These laws form the core of China's maritime legal framework, regulating various aspects of
maritime activities and ensuring compliance with international standards and obligations.
Additionally, China participates in international maritime agreements and conventions to
address global maritime challenges and promote cooperation in maritime governance.

MARITIME DISPUTES
Maritime disputes in China and India are governed by their respective legal frameworks and
judicial systems. Here is a comparative study of maritime disputes in both countries:

1. Legal Framework:
- China: Maritime disputes in China are primarily governed by the Maritime Code of the
People's Republic of China.15 The code provides a comprehensive legal framework for
resolving various types of maritime disputes, including collisions, salvage operations,
pollution incidents, and crew claims. Specialized maritime courts in China have jurisdiction
over these disputes and apply the provisions of the Maritime Code to adjudicate cases.
- India: In India, maritime disputes are regulated by the Merchant Shipping Act, 1958, and
other relevant laws such as the Admiralty (Jurisdiction and Settlement of Maritime Claims)
Act, 2017. These laws establish the legal framework for resolving maritime disputes in Indian
courts, including ship arrests, cargo claims, marine insurance disputes, and other maritime-
related matters.

2. Jurisdiction:
- China: China has established special maritime courts with exclusive jurisdiction over
maritime disputes. These courts handle cases involving maritime accidents, pollution
incidents, salvage operations, and other maritime-related issues. The jurisdiction of these
courts is well-defined under the Maritime Code of China.16
- India: In India, maritime disputes are heard in regular civil courts or specialized admiralty
courts. Admiralty courts have jurisdiction over a wide range of maritime matters, including
ship arrests, cargo claims, marine insurance disputes, and other maritime-related disputes.
The jurisdiction of these courts is determined by the Admiralty Act.

3. Arbitration and Mediation:

- China: Arbitration and mediation are commonly used methods for resolving maritime
disputes in China. The China Maritime Arbitration Commission (CMAC) is a leading
arbitration institution that specializes in handling maritime disputes. Parties involved in
maritime disputes can choose arbitration or mediation as an alternative to litigation in
Chinese courts.
- India: In India, arbitration and mediation are also recognized as effective methods for
resolving maritime disputes. The Indian Council of Arbitration (ICA) and other arbitration
institutions provide arbitration services for maritime disputes. Parties can opt for arbitration
or mediation to resolve their disputes outside of the court system.
15
http://www.asianlii.org/cn/legis/cen/laws/mcotproc360/

16
http://www.asianlii.org/cn/legis/cen/laws/smpl267/

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4. International Disputes:
- China: China has been involved in various international maritime disputes, particularly in
the South China Sea region. These disputes involve territorial claims, fishing rights, and
freedom of navigation issues. China has pursued diplomatic negotiations, arbitration, and
other dispute resolution mechanisms to address these international maritime disputes.17
- India: India has also been involved in international maritime disputes, such as the maritime
boundary dispute with Bangladesh and issues related to piracy and maritime security in the
Indian Ocean region. India has engaged in bilateral and multilateral negotiations, as well as
legal mechanisms like arbitration and adjudication, to resolve these international maritime
disputes.

In conclusion, while both China and India have established legal frameworks and judicial
systems to address maritime disputes, there are differences in their approaches to jurisdiction,
arbitration, mediation, and handling international maritime disputes. Both countries continue
to develop and refine their mechanisms for resolving maritime disputes to ensure effective
and timely resolution of conflicts in the maritime domain.

MARITIME DISPUTES BETWEEN INDIA AND

CHINA

The South China Sea dispute is a complex and longstanding territorial and maritime conflict
involving multiple countries, including China, Vietnam, the Philippines, Malaysia, Brunei,
and Taiwan. At the heart of the dispute are conflicting claims over islands, reefs, shoals, and
waters in the South China Sea, which is a strategically important region for trade, energy
resources, and security.

China has asserted historical claims over most of the South China Sea based on the "nine-
dash line," a demarcation line drawn on maps that encompasses about 90% of the sea. This
claim is contested by neighboring countries and is not recognized under international law,
particularly the United Nations Convention on the Law of the Sea (UNCLOS).

The South China Sea dispute involves various legal issues, including18:

1. Territorial Claims: The dispute revolves around competing claims to sovereignty over
islands and features in the South China Sea. Some of the key disputed features include the
Spratly Islands, Paracel Islands, Scarborough Shoal, and other maritime features.

2. Maritime Boundaries: Conflicting claims over maritime boundaries, exclusive economic

zones (EEZs), and continental shelves have led to disputes over fishing rights, resource
exploration, and freedom of navigation in the South China Sea.

3. UNCLOS and International Law: The legal framework provided by UNCLOS is crucial in
resolving maritime disputes in the South China Sea. UNCLOS establishes rules for maritime
17
https://www.cfr.org/global-conflict-tracker/conflict/territorial-disputes-south-china-sea

18
https://www.bbc.com/news/world-asia-pacific-13748349

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boundaries, territorial waters, EEZs, and the rights and responsibilities of coastal states.

4. Arbitration and Diplomacy: Some countries involved in the South China Sea dispute have
sought to resolve their differences through international arbitration or diplomatic
negotiations. The Philippines, for example, brought a case against China to the Permanent
Court of Arbitration in The Hague, which ruled in favour of the Philippines in 2016.

Efforts to manage the South China Sea dispute have included dialogues among claimant
countries, regional initiatives such as the Association of Southeast Asian Nations (ASEAN)
Code of Conduct, and involvement of external powers like the United States. However,
tensions persist due to competing territorial claims, militarization of disputed features, and
assertive actions by some parties in the region.19

The South China Sea dispute remains a complex and evolving issue with significant
implications for regional stability, maritime security, and international law. Ongoing efforts
to promote peaceful resolution through legal mechanisms, diplomacy, and adherence to
international norms are essential to managing this contentious maritime conflict.

LEGAL RIGHTS AND PROTECTIONS

 INDIA
Maritime law in India, also known as admiralty law, governs legal rights and
protections related to maritime activities, including shipping, navigation, trade, and
marine resources. Here are some key aspects of maritime law in India:20

1. Admiralty Jurisdiction:
- The Admiralty Act, 1861, provides for the establishment of admiralty courts in India
to handle cases related to maritime disputes, such as collisions, salvage, towage, and
charter party disputes.
- Admiralty jurisdiction in India is primarily governed by the Admiralty (Jurisdiction
and Settlement of Maritime Claims) Act, 2017, which confers exclusive jurisdiction
on the High Courts in certain coastal states to adjudicate maritime claims.

2. International Conventions:
- India is a party to several international maritime conventions, including the United
Nations Convention on the Law of the Sea (UNCLOS), which sets out the rights and
responsibilities of states in the use of the world's oceans.
- India has also ratified other conventions related to maritime safety, pollution
prevention, and liability for maritime claims, such as the International Maritime
Organization (IMO) conventions.

3. Maritime Safety and Security:

- The Directorate General of Shipping (DGS) in India is responsible for regulating
maritime safety and security standards, including ship inspections, crew certifications,
and port state control measures.

19
https://www.jstor.org/stable/26995402

20
https://www.tndalu.ac.in/econtent/40_Maritime_Law.pdf

15
 - Indian laws require ships operating in Indian waters to comply with international
safety regulations and environmental protection standards to ensure the safety of crew
members, passengers, and the marine environment.

4. Maritime Pollution:
- India has enacted laws to prevent and control maritime pollution, including the
Merchant Shipping Act, 1958, and the Prevention of Pollution of the Marine
Environment Act, 1986.
- These laws impose obligations on shipowners and operators to comply with
pollution prevention measures, such as proper disposal of waste, ballast water
management, and oil spill response procedures.

5. Salvage and Towage:

- Indian maritime law governs salvage operations and towage services, including the
rights and obligations of salvors, shipowners, and cargo interests in cases of maritime
emergencies.
- The law provides for the payment of salvage awards to salvors who render
assistance to ships or cargo in distress and establishes procedures for resolving
disputes related to salvage operations.

Overall, maritime law in India is an important legal framework that regulates various
aspects of maritime activities to ensure safety, security, and environmental protection
in Indian waters. By adhering to international conventions and domestic laws, India
aims to promote sustainable maritime development and protect the interests of all
stakeholders involved in maritime operations.

 CHINA
In China, maritime law is governed by a combination of domestic laws and
international conventions. Here are some key legal rights and protections related to
maritime law in China:21

1. Territorial Waters: China claims territorial waters extending up to 12 nautical miles

from its baseline. The country asserts sovereignty over these waters and has the right
to regulate navigation, fisheries, and other activities within this zone.

2. Exclusive Economic Zone (EEZ): China has an exclusive economic zone extending
up to 200 nautical miles from its baseline. Within this zone, China has exclusive rights
to explore and exploit natural resources, including fish and oil.

3. Law of the Sea: China is a signatory to the United Nations Convention on the Law
of the Sea (UNCLOS), which sets out the rights and responsibilities of states in
maritime areas. UNCLOS provides a framework for resolving disputes related to
maritime boundaries, navigation, and resource exploitation.

21
https://brill.com/view/journals/cjgg/5/1/article-p1_1.xml?language=en

16
 4. Maritime Safety: China has regulations in place to ensure maritime safety,
including rules governing vessel operations, pollution prevention, and search and
rescue operations.

5. Port State Control: China has established port state control measures to inspect
foreign vessels entering its ports to ensure compliance with international maritime
regulations and standards.

6. Maritime Pollution Prevention: China has laws and regulations aimed at preventing
and controlling marine pollution, including discharges from ships, oil spills, and waste
disposal.

7. Maritime Security: China has measures in place to enhance maritime security,

combat piracy, and protect vessels and crews operating in its waters.

8. Dispute Resolution: In case of maritime disputes, China may seek resolution

through diplomatic negotiations, arbitration, or international legal mechanisms.

Overall, China's maritime law framework aims to protect its maritime interests, ensure
safety and security at sea, and promote sustainable use of marine resources while
complying with international norms and conventions.

CONCLUSION

In conclusion, both India and China have developed comprehensive legal frameworks
to govern maritime activities within their respective jurisdictions. While there are
similarities in the key aspects of maritime law, such as territorial waters, exclusive

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 economic zones, and adherence to international conventions like UNCLOS, there are
also notable differences between the two countries.

In a comparative study of maritime law in India and China, it is evident that both
countries face similar challenges related to maritime governance, enforcement, and
dispute resolution. However, their approaches to addressing these challenges differ
based on their respective geopolitical priorities and maritime interests. As major
maritime powers in the Indo-Pacific region, India and China play critical roles in
shaping the future of maritime governance and security in the region.

Overall, while India and China share common objectives in promoting maritime
safety, security, and sustainable development, their distinct legal frameworks reflect
their unique national interests and strategic priorities in the maritime domain. A
comparative analysis of maritime law in India and China provides valuable insights
into the evolving dynamics of maritime governance and cooperation in the region.

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