The Hidden Legal World Behind International Shipping: an Introduction to Maritime Law

Introduction

International trade is usually associated with exports, imports, and global markets. What is less visible is the fact that most of this trade does not happen through air or land, but through sea routes. Ships carry fuel, food, machinery, and essential raw materials across countries on a daily basis.

Because of this heavy dependence on oceans, some form of regulation becomes necessary. Maritime law exists to create that structure. It governs activities related to shipping, navigation, use of marine resources, and disputes that arise in ocean spaces. Without such a framework, international maritime activity would be far more uncertain and unregulated.

Understanding Maritime Law

At its core, maritime law deals with legal issues arising out of activities at sea. This includes ships, cargo movement, passengers, seafarers, and commercial shipping operations. It also extends to problems like cargo damage, marine insurance disputes, ship collisions, and environmental harm caused by vessels.

People often mix up maritime law, admiralty law, and the law of the sea, but they are not identical concepts. Admiralty law is mainly concerned with court jurisdiction and how maritime disputes are resolved in courts. Maritime law is broader and focuses on private shipping and commercial transactions. The law of the sea operates at a different level altogether; it is part of public international law and governs how states interact in maritime spaces.

Evolution of Maritime Law

Maritime law did not develop overnight. It has grown slowly through centuries of trade, conflict, and cooperation. One of the earliest known influences is the Rhodian Sea Laws, which are often considered the foundation of maritime legal thinking. These early rules were mainly aimed at bringing some predictability into maritime trade.

As maritime activity expanded, Roman legal principles began shaping these customs further. Over time, more detailed maritime codes emerged in Europe, including the Consulate of the Sea and the Laws of Oleron. These were not just technical rules but practical systems designed to deal with everyday issues faced by sailors and merchants.

What we now call modern maritime law is actually a combination of these older customs and newer international agreements that developed as global trade became more complex.

Maritime Zones, UNCLOS and Contemporary Challenges

Nautical Mile: A nautical mile is a unit used to measure distance at sea. One nautical mile is equal to 1.852 kilometres.

Knot: A knot is the unit used to measure the speed of a ship or vessel. One knot is equal to one nautical mile per hour.

Fathom: A fathom is a unit used to measure the depth of water. One fathom is equal to six feet.

The measurement of maritime zones begins from a baseline drawn along the coastline.

• Internal Waters: Internal waters refer to the area lying within the baseline. The coastal state exercises complete sovereignty over these waters.
• Territorial Sea: The territorial sea extends up to 12 nautical miles from the baseline. Within this zone, the coastal state exercises sovereignty, subject to certain rights of innocent passage.
• Contiguous Zone: The contiguous zone extends up to 24 nautical miles from the baseline. In this zone, the coastal state may enforce its customs, immigration, fiscal, and sanitary laws.
• Exclusive Economic Zone (EEZ): The Exclusive Economic Zone extends up to 200 nautical miles from the baseline. Within this zone, the coastal state enjoys special rights for the exploration and exploitation of fisheries, oil, and other natural resources.
• High Seas: The area beyond the Exclusive Economic Zone is known as the high seas. No single state can claim sovereignty over this area, and it remains open for use by all states in accordance with international law.

The United Nations Convention on the Law of the Sea (UNCLOS) , adopted in 1982, is often referred to as the “Constitution of the Oceans.” It establishes a comprehensive legal framework for the use and governance of the world’s oceans. The Convention defines maritime zones, regulates navigation rights, provides rules for the exploration and utilisation of marine resources, and offers mechanisms for the peaceful settlement of maritime disputes. Owing to its wide scope and global acceptance, UNCLOS remains the cornerstone of modern maritime law.

Today, maritime law faces several emerging challenges, including:

1. Illegal Fishing: Many foreign fishing fleets exploit the resources of coastal states without permission.
2. Factory Fishing Vessels: These large vessels not only catch fish but also process and store them onboard, raising concerns about overfishing and effective monitoring.
3. Marine Pollution: Oil spills and ship-generated waste continue to harm marine ecosystems and threaten marine biodiversity.
4. Deep Seabed Mining: The extraction of minerals from the ocean floor may create significant legal and environmental challenges in the future.

Maritime Law in Practice

The practical importance of maritime law can be understood through several international disputes that have taken place over the years.

One of the most significant examples is the Italian Marines Case. In 2012, two Italian marines onboard the vessel Enrica Lexie opened fire on an Indian fishing boat near the coast of Kerala after mistaking the fishermen for pirates. The incident resulted in the death of two Indian fishermen and raised important questions regarding jurisdiction, sovereignty, and the application of maritime law.[1]

Another important example is the maritime dispute between India and Bangladesh in the Bay of Bengal. The dispute mainly concerned the delimitation of maritime boundaries and the Exclusive Economic Zone (EEZ) of both countries. The matter was ultimately resolved through international dispute settlement mechanisms, demonstrating the role of maritime law in maintaining peaceful relations between states.[2]

The South China Sea dispute is another major contemporary maritime issue. China claimed a large portion of the South China Sea on the basis of its Nine-Dash Line claim. However, this claim overlapped with the maritime claims of several neighbouring countries, including the Philippines. In 2013, the Philippines initiated arbitration proceedings, and the dispute became one of the most prominent examples of the application of international maritime law in resolving territorial and maritime conflicts.[3]

Conclusion

India has had a long relationship with maritime trade, with sea routes playing an important role in its economic history. In the present legal system, maritime matters are governed through a combination of domestic legislation, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, and international legal frameworks.

Maritime law continues to evolve as global trade and ocean use expand. From ancient customs to modern treaties like UNCLOS, it has adapted to changing realities over time.

Today, issues such as illegal fishing, marine pollution, and interstate disputes show that maritime law is not a static subject. It remains an active and necessary framework for managing one of the most important parts of global commerce and governance.

References

• Encyclopaedia Britannica, Maritime Law available at – com last visitied in 14^th June,2026 at 5:27P.M.
• iPleaders, Maritime Laws: History, Evolution and Legal Framework available at – ipleaders last visited in 14^th June,2026 at 5:27 P.M.
• Indian Kanoon, M.T. Enrica Lexie & Anr. V. Doramma & Ors. (2012) available at – org last visited in 15^th June,2026 at 4:18 P.M.
• Permanent Court of Arbitration, Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) available at – pca-cpa.org last visited in 15^th June,2026 at 5P.M.
• Permanent Court of Arbitration, South China Sea Arbitration (Philippines v. China) available at – South China Sea Arbitration last visited in 15^th June,2026 at 5:26 P.M.
• United Nations, United Nations Convention on the Law of the Sea (UNCLOS), 1982 available at – org last visited in 15^th June,2026 at 5:25 P.M.

[1] M.T. Enrica Lexie & Anr. v. Doramma & Ors. (2012)

[2] Bay of Bengal Maritime Boundary Arbitration (People’s Republic of Bangladesh v. Republic of India), Award dated 7 July 2014, Permanent Court of Arbitration, Reports of International Arbitral Awards (RIAA), Vol. XXXII.

[3] The South China Sea Arbitration (The Philippines v. China), PCA Case No. 2013-19, Award (July 12, 2016)