Op. Sharma, ENFORCEMENT JURISDICTION IN THE EXCLUSIVE ECONOMIC ZONE - THE INDIAN EXPERIENCE, Ocean development and international law, 24(2), 1993, pp. 155-178
The emergence of the exclusive economic zone concept radically altered
ocean management, offering Third World states an unprecedented opport
unity to increase national income, raise foreign exchange earnings, an
d improve national diets. India, following many other states, hesitant
ly claimed the new-found jurisdiction while the Third UN Conference on
the Law of the Sea was still in session and the adoption of an intern
ationally agreed convention was nowhere in sight. Having had no cohesi
ve oceans policy since attaining independence, India was, like many ot
her developing nations, totally ill-equipped to enforce the new rights
and assume obligations in its vast maritime zones because this type o
f competence was being assumed for the first time in the maritime hist
ory of the country. This article discusses the legislation enacted, in
stitutional arrangements devised, the scheme of enforcement envisaged,
and how various difficulties were resolved in order to enforce laws d
esigned to protect India's national interests. Also, an evaluation is
made as to the adequacy of these efforts, indicating pertinent lessons
learned.