Department of Ocean Development is a nodal agency for implementation of the provisions of United Nations Convention of the Law of the Sea (UNCLOS) which was ratified by India in June 1995. The agreement relating to Part XI of the UNCLOS has also come into force, having obtained the required number of ratifications. Thus, the legal framework under the UNCLOS now stands fully in force. UNCLOS is an important instrument which establishes various mechanisms for management and utilisation of the resources of the oceans, conduct of scientific research and protection and preservation of marine environment.

The year 1996 was eventful for India .

India elected to the Council of the International Sea-Bed Authority under Investors category.

It may be recalled that India was elected as a Member of the Council of the International Seabed Authority under the "Investors category" in March 1996. The Council is the executive organ of the International Seabed Authority and is concerned with all policy and Technical issues concerning international seabed area. As the first Registered Pioneer Investor, it was a matter of high prestige for India to be elected as a Member of the Council under investors category, after protracted negotiations and deliberations. India will serve for period of two years and subsequently will be reelected for a second term for a period of four years after a gap of two years. The other members in this category are France, Germany and China.


Commonwealth Law Ministers' Meeting

The Commonwealth Law Ministers meeting was held in Kuala Lumpur, Malaysia, from 15-20 April 1996. The meeting was attended by Law Ministers, Attorney's General, Law Secretaries and other senior officials from about 45 Commonwealth countries. The Indian delegation was led by Shri H. R. Bhardwaj, the then Minister of State for Law, Justice and Company Affairs. In view of the very high level meeting of Law Ministers, Attorney's General, etc., the Ministry of Law proposed inclusion of Shri H.P. Rajan, the then Director in the Department also as a Member of the Indian delegation in the context of intense compaigning for elections to the International Tribunal for the Law of the Sea. The Indian delegation thus comprised of the Law Minister, the Law Secretary and Director, Department of Ocean Development. The participation in the Law Ministers Conference was extremely useful, as a number of Commonwealth countries who were also State Parties to the UN Convention on the Law of the Sea was represented by Ministers/Attorney's General level and direct interaction with them helped us to gain their country's votes in the election to the International Tribunal for the Law of the Sea held in August 1996.


India elected to the International Tribunal for the Law of the Sea

During the year 1996-97, the Fifth meeting of the States Parties to the UN Convention on the Law of the Sea was held in New York from 24th July to 02nd August 1996. The main item on the Agenda of the meeting was election of the Members of the International Tribunal for the Law of the Sea. There were 33 candidates for election to 21 seats. Dr. P. C. Rao, the then Law Secretary to the Government of India was India's nominee for election as a Member to the Tribunal. The contest for the elections was intense. Prior to the elections which were held on 1st August 1996, there were intense deliberations in the plenary and regional group meetings regarding allocation of seats to various geographical regions and the principles to be followed. The issues were political and legal. Twenty one judges to the Tribunal were elected after nine rounds of balloting. It is a matter of pride and extreme satisfaction that India's nominee Dr. P. C. Rao was elected in the very first round. The tenure of appointment of the Judges were decided by draw of lots as stipulated in the Convention. Dr. P. C. Rao will serve the Tribunal for a period of three years. The Tribunal was inaugurated on October 1996.


India elected to the Legal & Technical Council of the International Sea- Bed Authority

The second part of the Second Session of the International Seabed Authority was held in Kingston, Jamaica, from 5-16 August 1996. The main item on the Agenda was the election of the Finance Committee, election of the President of the Council, election of the Members to the Legal and Technical Commission and finalisation of Draft Rules and Procedures of the Council. The first substantive meeting of the Council took place in August 1996. Shri H. P. Rajan, Adviser, DOD, attended the meeting representing India. The Council elected Ambassador Lennox Ballah of Trinidad and Tobago as its first President. The Council also constituted the first Legal and Technical Commission. India's nominee Shri H. P. Rajan, Adviser, Department of Ocean Development, was elected as a Member of the Legal and Technical Commission and will serve for a period of five years beginning from the year 1997. The Commission consists of 22 Members and will also discharge the functions of the Economic and Planning Commission.


India elected to the Finance Committee of the International Sea-Bed Authority

The meeting of the ISBA also elected Members of the Finance Committee of the International Seabed Authority. The elections to the Finance Committee meeting was a complex issue in view of the provisions contained in the Agreement relating to Implementation of Part XI of the Convention. After intense negotiations and deliberations, the Finance Committee was constituted during this session and India's nominee Dr. S. Rama Rao, First Secretary and Legal Adviser, Permanent Mission of India in New York, has also been elected as a Member of the Committee. The Finance Committee comprises of 15 Members who will serve for a period of five years, beginning from the year 1997.


Delineation of Outer Limits of the Continental Shelf

In accordance with the provisions of the convention, States are entitled to delineate the outer limits of the continental shelf beyond 200 nautical miles Exclusive Economic Zone (EEZ) and submit the data for a claim within ten years from coming into force of the convention for the country concerned.

The delineation of the continental margin in case of India is likely to give an additional area of about 1.5 million sq. km. outside the EEZ, wherein, the inherent rights of India can be duly exercised. The continental margin is rich in non-living resources and the minerals, including the hydrocarbon resources. the resources of the continental shelf also includes the sedentary organisms . A larger continental margin also allows the country to lay submarine cables and pipelines which are important for the communication purposes.

During the year, Department has organised several meetings of experts on Continental Shelf and proposed the programme for delineation of the Outer Limits of the Continental Shelf which is under consideration.