India's Maritime Strategy in the INdo-Pacific: UNCLOS as a Source of Legitimacy for Maritime Expansion

Juliana Rodrigues Dias

International Relations undergraduate student at Unilasalle-RJ, dedicated to studying India and its role in Indo-Pacific geopolitics, international disputes and international law.

This paper analyzes India’s maritime projection strategy in the Indo-Pacific region and its implications for the International Law of the Sea. The study is based on qualitative research of articles and documents with emphasis on the United Nations Convention on the Law of the Sea (UNCLOS). The research indicates that India seeks to expand its influence and power through greater engagement in maritime space, focusing on the Indo-Pacific due to its geostrategic importance. The findings suggest that India’s maritime expansion is part of a broader strategy to consolidate its position as a regional maritime power, while using UNCLOS as a legal framework to legitimize its interests and activities in the Indo-Pacific.

1. Introduction

The Indo-Pacific constitutes a strategic maritime space linking four continents and hosting some of the world's most important maritime trade routes. As a result, it has become a critical arena for international trade, maritime security, and power projection. Given its geostrategic position at the heart of the Indian Ocean, India has sought to establish itself as a key actor in securing and influencing the region's major maritime corridors (Sahoo, 2024).

According to Tehseena Nazir and Shazia Nazir (2024), India’s vision of the Indo-Pacific is rooted in its historical role as a maritime power in the Indian Ocean. Although the concept gained visibility after Prime Minister Narendra Modi’s 2018 Shangri-La Dialogue speech, India’s engagement with the region predates this event. In his keynote address at Shangri-La Dialogue, Modi outlined India’s vision for a free, open and inclusive Indo-Pacific, emphasizing respect for international law, freedom of navigation and maritime cooperation as essential bases of regional stability. 

As maritime competition in the Indo-Pacific intensifies, the International Law of the Sea has become increasingly important in regulating maritime activities and balancing the coastal and maritime interests of both major powers and emerging powers, such as India. Established through the United Nations Convention on the Law of the Sea (UNCLOS), this legal framework provides the rights and obligations of States regarding navigation, maritime resources, jurisdiction over maritime zones and the peaceful settlement of disputes. In this context, to understand India’s maritime rise as an emerging power, it is necessary to examine the strategies and ambitions that the Modi’s government  projects in the Indo-Pacific, as an geostrategically important region for the country, as well as the implications of these actions in relation to the principles and norms of international maritime law (Bankes, 2020).

In this context, the research question this paper attempts to answer is: How does India use UNCLOS to support its maritime interests in the Indo-Pacific? The paper hypothesizes that India uses UNCLOS as a legal instrument to support its maritime interests in the Indo-Pacific, expand its regional influence, and consolidate its position as a leading maritime power, while largely operating within the norms and principles of the International Law of the Sea.

Therefore, the general objective of this paper is to analyze India’s maritime strategy in the Indo-Pacific and its implications for the International Law of the Sea. In order to achieve this, three specific objectives are proposed: (1) Identify the elements of India’s maritime strategy in the Indo-Pacific; (2) Examine how India’s maritime strategy engages with the principles of the United Nations Convention on the Law of the Sea (UNCLOS); (3) Analyze UNCLOS as a legal instrument used by India to legitimize  its expansion in the Indo-Pacific area.

Located in one of the world's most dynamic and contested regions, India has expanded its presence in the Indo-Pacific through initiatives focused on maritime security, connectivity, and ocean governance (Nazir and Nazir, 2024). In this context, the study of India's maritime engagement is particularly relevant for understanding how the norms of the International Law of the Sea are mobilized to support state strategic interests. Furthermore, the research contributes to contemporary debates on regional and international dispute settlement, as the Indo-Pacific maritime space is characterized by disputes concerning maritime jurisdiction, the exploitation of natural resources, and freedom of navigation (Bankes, 2020). Therefore, analyzing India's use of UNCLOS contributes to a better understanding of the role of the International Law of the Sea in legitimizing the actions of emerging powers and maintaining the stability of the international maritime order.

Figure 1 - Indo-Pacific Region

Source: GSDN (2024)

2. India’s maritime interests in the Indo-Pacific

The Indo-Pacific has emerged as one of the most strategically significant regions within the contemporary international system, encompassing major maritime corridors that connect Asia, Africa, Europe, and Oceania. According to Sahoo (2024), the region has assumed a central role in global trade, maritime security, and geopolitical competition, becoming essential for states seeking to expand their influence and power projection. Due to its strategic location at the heart of the Indian Ocean, India views the Indo-Pacific not only as a sphere of economic opportunities but also as a strategic environment closely linked to the protection of its national interests.

In this regard, the security of maritime routes is of particular importance to India, as a substantial portion of its foreign trade and energy supplies depends on the uninterrupted flow of navigation through the Indian Ocean and its adjacent sea lanes. Nazir and Nazir (2024) argue that India’s Indo-Pacific strategy is closely associated with the objective of maintaining secure and open maritime corridors capable of sustaining economic growth and enhancing regional connectivity. Consequently, ensuring stability across these maritime spaces has become a key priority of New Delhi’s foreign and security policy.

Furthermore, the growing geopolitical relevance of the Indo-Pacific has intensified competition among both regional and extra-regional powers. Nazir and Nazir (2024) highlight that the region has become one of the most contested geopolitical arenas in the world, characterized by disputes over maritime jurisdiction, freedom of navigation, and access to strategic resources. Within this context, India has sought to strengthen its maritime presence and deepen cooperation with regional partners in order to safeguard its interests and reinforce its position as a significant contributor to regional security. Thus, India’s engagement in the Indo-Pacific extends beyond purely economic concerns and forms part of a broader strategy aimed at consolidating its status as a regional maritime power.

3. UNCLOS as a source of legitimacy for India’s maritime role

India’s growing engagement in the Indo-Pacific has been accompanied by a consistent defense of a rules-based maritime order grounded in international law. According to Nazir and Nazir (2024), India’s vision for the region emphasizes respect for sovereignty, freedom of navigation and maritime cooperation as fundamental principles for regional stability. These principles are closely associated with the legal framework established by UNCLOS, allowing New Delhi to present its maritime policies as consistent with internationally recognized norms rather than merely expressions of geopolitical ambition.

Beyond serving as a regulatory framework, UNCLOS also provides legal foundations for the pursuit of India's maritime interests. As highlighted by Menezes (2015), the Convention establishes rights and obligations concerning maritime jurisdiction, navigation and the exploitation of marine resources. In this context, the legal regime created by UNCLOS enables coastal states to exercise rights over maritime zones while simultaneously reinforcing principles of cooperation and peaceful dispute settlement. For India, whose strategic interests are closely linked to the security of maritime routes and regional stability, the Convention offers a legitimate legal basis for expanding its maritime engagement in the Indo-Pacific.

A more concrete connection between UNCLOS and New Delhi’s maritime strategy can be observed through the specific rights and principles established by the Convention. UNCLOS guarantees freedom of navigation and secures the legal framework governing international maritime routes, which is particularly important for India given its dependence on sea lines of communication across the Indian Ocean. The Convention also grants coastal states sovereign rights over their Exclusive Economic Zones (EEZs), allowing India to explore, exploit and manage marine resources while strengthening its maritime economy. Furthermore, UNCLOS promotes the peaceful settlement of maritime disputes and encourages cooperation among states, principles that India frequently invokes in its vision of a free, open and inclusive Indo-Pacific. By relying on these legal provisions, India is able to present its growing maritime engagement not merely as a geopolitical project, but as a strategy consistent with internationally recognized legal norms (United Nations, 1982). 

In addition, UNCLOS provides specific legal principles that support India’s maritime engagement in the Indo-Pacific. The Convention guarantees freedom of navigation, establishes the rights and duties of coastal states within maritime zones, and promotes the peaceful settlement of disputes (Menezes, 2015). These provisions are particularly relevant to India, whose strategic interests depend on secure maritime routes, access to marine resources, and regional stability. As noted by Bankes (2020), the legal regime established by UNCLOS enables coastal states to exercise jurisdiction over maritime spaces while operating within internationally recognized legal norms. Consequently, India’s support for these principles reinforces both the legality and the legitimacy of its growing maritime presence in the region.

Furthermore, the defense of UNCLOS contributes to strengthening India's international image as a responsible maritime actor. Bankes (2020) argues that the contemporary development of the Law of the Sea has reinforced the importance of legal mechanisms in the governance of maritime spaces. By associating its regional policies with the principles of UNCLOS, India not only supports the existing maritime legal order but also enhances the legitimacy of its growing presence in the region. Although this position is grounded in legal norms, it simultaneously advances broader strategic objectives related to regional influence and international recognition. Therefore, UNCLOS functions not only as a legal framework governing maritime activities, but also as an important source of legitimacy for India's maritime role in the Indo-Pacific.

4. Conclusion

This paper examined how India uses UNCLOS to support its maritime interests in the Indo-Pacific. The analysis demonstrated that the growing strategic importance of the region has encouraged India to strengthen its maritime presence in order to protect trade routes, ensure maritime security and expand its regional influence. In this context, the Indo-Pacific has become a central component of New Delhi’s foreign and security policy (Nazir and Nazir, 2024).

The study also showed that UNCLOS provides the legal foundations through which India frames its maritime engagement. By emphasizing principles such as freedom of navigation, maritime cooperation and the peaceful settlement of disputes, India presents its regional actions as consistent with internationally recognized legal norms (United Nations, 1982; Menezes, 2015). As a result, UNCLOS functions not only as a regulatory framework governing maritime activities, but also as an important source of legitimacy for India’s growing role in the Indo-Pacific (Bankes, 2020; Menezes, 2015).

Therefore, the findings support the hypothesis that India relies on the legal regime established by UNCLOS to advance its maritime interests while reinforcing its image as a responsible maritime actor. Although this approach contributes to the maintenance of a rules-based maritime order, it also serves broader strategic objectives related to regional influence and international recognition. Consequently, the Indian case illustrates how international legal norms can simultaneously regulate state behavior and provide legitimacy for the pursuit of geopolitical interests (Sahoo, 2024).

References

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MENEZES, Wagner. O Direito do Mar. Brasília: Fundação Alexandre de Gusmão (FUNAG), 2015.

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