26-04-2021 | 13:58 PM
Freedom of Navigation Operation in IOR
The US Navy has declared it conducted “freedom of navigation operations” in India’s Exclusive Economic Zone (EEZ) near Lakshadweep earlier, without deliberately seeking New Delhi’s prior consent.
The Freedom of Navigation is an international law according to which ships flying the flag of a sovereign state shall not suffer interference from other states unless otherwise provided in the international laws.
The US Stand on the issue:
The US Government said that the US forces operate in the Indo-Pacific region on a daily basis. All such operations are designated in accordance with international law. Also, the US Government stated that US Forces will continue such operations in the future.
Freedom of navigation has been thoroughly practiced and refined, and ultimately codified and accepted as international law under UNCLOS, in a legal process that was inclusive and consent-based.
The drafting of UNCLOS was driven in part by states’ concerns that strong national maritime interests could lead to excessive maritime claims over coastal seas, which could threaten freedom of navigation.
FONOPs are outgrowths of this development of international law, based on sovereign equality and international interdependence.
Note:
Article 87 of the UNCLOS says that the high seas are open to all the states whether landlocked or coastal. It mentions “Freedom of Navigation'' as the right for all states.
