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Freedom Of Navigation & Maritime Security In The Indian Ocean




Ashutosh Kumar Rai, Amity Law School, Amity University, Uttar Pradesh.


ABSTRACT


This paper analyses the evolving nature of maritime security and strategic competition in the Indian Ocean, focusing on the changing effects of China’s BRI and its “string of pearls” strategy on regional power structures and freedom of navigation management. China’s approach, marked by extensive port development along the Indian Ocean coasts, not only disrupts India’s longstanding preference but also introduces new problems regarding the safety, openness, and legal governance of important sea lanes. Through developing civilian and dual-use infrastructure in places such as Gwadar, Hambantota, and other nodes, China is reshaping physical and controlling realities, potentially extending its influence into strategic chokepoints and contesting the established regional order. In response to these changes, the US and it’s cooperating navies have strengthened their Freedom of Navigation Operations (FONOPs). These operations challenge maritime claims, particularly those that break the United Nations Convention on the Law of the Sea (UNCLOS) and repeat the importance of global commons and open sea rights. The growing power of FONOPs in the context of the Indo-Pacific strategic change has supported the connection of power politics with legal frameworks. Through such activities, the US and its partners seek both to maintain stability and to signal opposition to any moves that might threaten smooth navigation or regional legal standards.


Beyond the interaction between China and the US, the research explores the role of middle powers and regional players, such as Japan, Australia, and ASEAN member states, in shaping a multipolar maritime balance. These actors engage to form a big picture of strategic changes, ranging from multilateral partnerships such as the Quad to make-do coalitions, bilateral agreements, and joint naval exercises. Such networks are crucial for protection against uncertainty, balancing larger powers’ ambitions, and asserting alternative interpretations of sovereignty and navigational rights. This study finds that contemporary strategic disputes in the Indian Ocean is not simply about the projection of naval power or economic influence but is deeply involved with international and regional legal disputes. The increase in Chinese ports and connectivity projects is met with a same strong response from competing powers, each trying to shape the future of maritime governance and freedom of navigation aligning with their national interests and legal visions. Regional players, by making new partnerships and adopting flexible strategies, show actions that both complicates and improves the multipolar balance. By combining developments in infrastructure, international law, and security partnerships, the research offers a proper account of how strategic competition and collaboration are redefining the maritime space. The Indian Ocean emerges as a model of global maritime disputes, where the interaction of power, law, and diplomacy will determine the future stability, access, and legal architecture of one of the world’s most critical regions.


Keywords: Freedom of Navigation, Indian Ocean, Maritime Security, UNCLOS, Quad, India, Indo-Pacific, Regional Cooperation, Maritime Law, Sea Lines of Communication, SAGAR, Belt & Road initiative, SLOCs.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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