Published On: October 7th 2025
Authored By: Sarah Kazi
Rizvi Law College
Abstract:
The blue economy is a shift towards using ocean resources for economic growth while ensuring ecological sustainability, and ocean governance provides the legal and institutional framework to regulate this use. This article examines the connection between these two concepts, outlining key International frameworks, Regional agreements,and India’s domestic legislation. It also analyses the challenges in governance and the need for strong legal instruments, enhanced international cooperation, and technological innovation to address modern environmental. The study concludes that an integrated, adaptive governance model is essential for preserving marine ecosystems while enabling sustainable economic development.
Introduction:
The Ocean is more than just a massive body of water that covers about 70% of the Earth’s surface. It is also a source of life, and opportunities, essential for both our survival and supporting modern economies. But what truly is the value of oceans? Is it the trillions of trade, or the fish that feed billions? With growing exploitation such as overfishing, plastic pollution, industrial activities, a crucial question arises: Is it possible to use the ocean sustainably without causing its destruction?
That’s where the concept of the Blue economy comes in- a system that aims to balance the economic growth with sustainability of oceans. But no system functions without rules and governance, which leads to the formation of ocean governance- a system of laws, and agreements that determine who gets to use the ocean, how, and for what purpose. As without an effective governance, even the best plans can create chaos.
What is Blue Economy?
According to the World Bank, the blue economy is the “sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem.”[1]
Before the term Blue Economy existed, the ocean was already an economic engine, handling major global trade but sustainability was never a concern. The economic philosophy of the Blue Economy was first proposed in 1994 by Professor Gunter Pauli at the United Nations University (UNU). It aimed to address the demands of future growth and prosperity while responding to the challenges of global warming. The concept gained significant momentum when the United Nations introduced Sustainable Development Goal 14, which focuses on “conserving and sustainably using the oceans, seas, and marine resources for sustainable development.”The Rio+20 summit in 2012 helped to bring the blue economy to greater global attention.[2]
What is Ocean Governance?
According to the European Environmental Agency, “International ocean governance is about managing and using the world’s oceans and their resources in ways that keep them healthy, productive, safe, secure and resilient”. It refers to sets of Laws and policies and guidelines that help countries in navigating the usage of oceanic resources fairly, responsibly and sustainably.
The law of the sea emerged from the Hague Conference in 1930. However, the structure of marine governance gradually came into definition in the 1980s, with the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982. [3]
Legal Frameworks Governing the oceans:
The legal frameworks governing the oceans are complex and multi-layered, with the central pillar being the United Nations Convention on the Law of the Sea (UNCLOS).
1. International Laws:
United Nations convention on the Law of the Sea (UNCLOS):
UNCLOS, also knows as the “Constitution of the sea”, was adopted in 1982 and came into force in 1994. The Convention comprises 320 articles and nine annexes, governing all aspects of oceans including the rights of states in different zones, protection, conservation and development of marine environment, and dispute settlements.The convention divides the ocean areas into five zones and defines these maritime zones, with specific rights and responsibilities for coastal states.[4]
2. Sectors and Regional Agreements
While UNCLOS provides the overall framework, many other international agreements and organizations address specific aspects of ocean governance, These include:
International Maritime Organization (IMO) Conventions:
The IMO, a UN specialized agency, is responsible for the safety and security of shipping and the prevention of marine pollution by ships. Key conventions include:
MARPOL (International Convention for the Prevention of Pollution from Ships):
Deals with the prevention of pollution of the marine environment from ships.
SOLAS (International Convention for the Safety of Life at Sea):
Establishes minimum safety standards in the construction, equipment, and operation of merchant ships.[5]
Conservation and Management of Marine Resources:
UN Fish Stocks Agreement (1995):
An agreement to implement the provisions of UNCLOS relating to the conservation and management of straddling fish stocks and highly migratory fish stocks. It aims to ensure the long-term conservation and sustainable use of straddling and highly migratory fish stocks.[6]
High Seas Treaty:
High Seas Treaty, formally known as Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) is a relatively new legally binding instrument under UNCLOS adopted in 2023 to address the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction which include the high seas and international seabed—together covering over two-thirds of the ocean (about 65%). [7]
FAO Agreement on Port State Measures (PSMA):
The Agreement on Port State Measures (PSMA) is the world’s first binding international agreement created specifically to stop illegal, unreported, and unregulated (IUU) fishing. Its main purpose is to prevent, and ultimately eliminate IUU fishing by blocking vessels engaged in these activities from using ports.[8]
Regional Seas Conventions and Action Plans:
Coordinated by the United Nations Environment Programme (UNEP), these regional agreements are a crucial part of ocean governance. They foster cooperation among countries bordering a particular sea to protect the marine and coastal environment. Such as the Barcelona Convention for the Mediterranean Sea. [9]
Domestic Legal Frameworks of India
Each nation has its own domestic laws that implement the principles ointernational law, including UNCLOS. India was one of the first countries in the world to create a Department of Ocean Development in 1981, now the Ministry of Earth Sciences (MoES). Some Crucial legal frameworks in India include:
The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.
The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, is a foundational statute that defines India’s maritime zones and its jurisdiction within these areas. This Act is a reflection of the principles of UNCLOS.
Environment Protection Act (EPA), 1986
The Environment Protection Act, 1986, serves as the primary legislation governing the marine ecosystem in India. This Act provides the legal framework for environmental protection, allowing the Central Government to set standards, issue directions and regulate industrial activities. [10]
Merchant Shipping Act, 1958
The Merchant Shipping Act, 1958 is an important framework in India’s Maritime Law passed by the Indian Parliament after Independence. This comprehensive legislation covers wide range of features including the registration of ships, safety standards and pollution prevention.
Coastal Regulation Zone Notification of 1991
Under the EPA, The Coastal Regulation Zone (CRZ) Notifications play a crucial role in regulating development activities along the coastlines of India. In the case of S. Jagannath vs Union Of India & Ors on 11 December, 1996, The Supreme Court found large-scale environmental degradation due to shrimp farms and held the ban of all intensive and semi-intensive farming within 500metres of High Tide Line and All aquaculture farms operating in violation of CRZ rules to be demolished.[11]
Wildlife Protection Act, 1972
The Wildlife Protection Act, 1972, is a significant framework in India established to protect wild animals, birds and plants to ensure the environmental safety of the country. However, it also extends to marine animals and their habitats, specifically through the establishment of Marine Protected Areas (MPAs) and through listing the threatened marine species under various schedules.
Challenges
Despite this comprehensive legal framework, the oceans face severe challenges, which include:
- Fragmentation in Legal Frameworks: Various international agreements govern activities at sea (such as fishing, shipping, etc). These treaties often operate independently, without much communication or coordination. This lack of collaboration creates a situation where the rules and actions of one governing body can conflict with those of another, leading to what are known as Jurisdictional silos.
- Fisheries Agreements: Illegal fishing persists globally despite agreements like the FAO Port State Measures Agreement and the UN Fish Stocks Agreement largely because not all countries have agreed to these treaties, creating loopholes. Some states also lack the resources or ability to effectively monitor and enforce these fishing rules. Similarly, Certain fishing grounds fall outside the authority of any Regional Fisheries Management Organizations (RFMOs), allowing illegal operators to exploit these areas with little risk of penalty.
- Deep-Sea Mining & Resource Exploitation: The rise of deep-sea mining has lead to a significant challenge to current legal systems. The International Seabed Authority (ISA) is responsible for regulating this activity in the deep seabed. However, the ISA has not yet created a complete set of rules for mining. Without a strong legal structure, there’s a risk that mining could be conducted without proper oversight, leading to irreversible damage.
Suggestions and Legal Innovations
- Strengthening the existing laws: While the UNCLOS is widely accepted, not all countries have accepted it. Universal agreement to UNCLOS would strengthen the global legal foundation. Amending it’s provisions is necessary to address modern issues such as climate change, ocean acidification etc. This can be done through new agreements that align with global needs.
- Implementation of New Agreements: Recent agreements such as The High Seas Treaty, are a significant step and must be implemented effectively to protect and conserve the marine life. Establishing a clear framework for mining is also an urgent need.
- Enhancing International Cooperation: Ocean governance is fragmented with different treaties and organizations. A more integrated system is required where policies are coordinated across different sectors and levels of governance. Strengthening the International bodies and agreements is crucial for the overall betterment.
- Usage of Technology: Technologies like satellites, drones etc can be used to track ships and activities at the sea, improving the enforcement of regulations and preventing illegal activities.
Conclusion
The blue economy and ocean governance are like two sides of the same coin—one focuses on utilizing the ocean’s potential for economic growth, and the other makes sure that such use remains sustainable. While legal frameworks like UNCLOS and various other agreements provide a strong foundation, emerging challenges such as fragmented governance, illegal fishing, and deep-sea exploitation need global attention. The future of our oceans will depend on addressing legal gaps, promoting international cooperation, embracing technological enforcement, and adapting laws to modern environmental realities. Only through a balanced approach can the oceans continue to sustain life, livelihoods, and global prosperity.
References
[1] ‘What is the Blue Economy?’ (World Bank) <www.worldbank.org/en/news/infographic/2017/06/06/blue-economy> accessed 11 August 2025
[2] (Home | Ministry of Earth Science, Government of India) <www.moes.gov.in/sites/default/files/2021-07/Blue%20Economy%20Policy_English.pdf> accessed 11 August 2025
[3] ‘From sovereignty to sustainability: a brief history of ocean governance’ (The Conversation) <https://theconversation.com/from-sovereignty-to-sustainability-a-brief-history-of-ocean-governance-258200> accessed 11 August 2025
[4] ‘UNCLOS: United Nations Convention on the Law of the Sea’ (UNCLOS: United Nations Convention on the Law of the Sea) <www.unclos.org/> accessed 11 August 2025
[5] ‘List of IMO Conventions’ (International Maritime Organization) <www.imo.org/en/about/conventions/pages/listofconventions.aspx> accessed 11 August 2025
[6] ‘UN Fish Stocks Agreement | Illegal, Unreported and Unregulated (IUU) fishing | Food and Agriculture Organization of the United Nations’ (Home | Food and Agriculture Organization of the United Nations) <www.fao.org/iuu-fishing/international-framework/un-fish-stocks-agreement/en/> accessed 11 August 2025
[7] ‘High Seas Treaty’ (Drishti IAS) <www.drishtiias.com/daily-updates/daily-news-analysis/high-seas-treaty-1> accessed 11 August 2025
[8] ‘Agreement on Port State Measures (PSMA) | Food and Agriculture Organization of the United Nations’ (Home | Food and Agriculture Organization of the United Nations) <www.fao.org/port-state-measures/en/> accessed 11 August 2025
[9] ‘About the Barcelona Convention – COP23’ (COP23 – BARCELONA CONVENTION – PORTOROŽ 2023) <https://cop23-slovenia.com/about-the-barcelona-convention/#:~:text=The%20Barcelona%20Convention%20is%20the,Turkey%20and%20the%20European%20Union.> accessed 11 August 2025
[10] ‘Environmental Laws in India – ClearIAS’ (ClearIAS) <www.clearias.com/environmental-laws-india/> accessed 11 August 2025
[11] S.Jagannath Vs Union of India, AIR 1997, SCC 87
