India is a typical land sea composite country,most of which is located in the South Asia Peninsula,surrounded by the bay of Bengal,the Arabian Sea and the North Indian Ocean.The long coastline and its adjacent vast Indian Ocean provide India with rich marine resources,including both biological and non-biological resources.Although India once focused its national development on land,and its national defense strategy also focused on land,India’s marine geographical location and marine geographical resources determine its foundation and need to attach importance to marine development,so as to achieve national security and development.At present,India is also facing a period of strategic transformation from land to both sea and land.In recent decades,the Indian government has formulated many marine strategies and marine policies,among which the most representative are the "East in,West out,south down" marine strategy and the "Blue Ocean plan",aiming to promote the development of India’s marine industry through relevant strategic planning,and improve its presence in the Indian Ocean and Asia Pacific The influence of the region,and then to achieve its maritime power goals and big country dreams.For this reason,India pays more and more attention to the importance of the law of the sea for the realization of its development goals.It has successively revised the original laws and formulated new marine related laws to delimit the sea areas under jurisdiction and regulate marine activities.At the same time,the administrative organs,under the authorization of laws,have formulated administrative regulations and rules for specific implementation.India has also actively participated in the formulation of international rules and actively concluded and acceded to global or regional treaties related to the oceans,so as to better integrate and benefit from the international maritime order while systematically building its marine legal system.This paper consists of five parts.The first part defines the basic categories of the Indian marine legal system,defines the specific connotation and scope of the Indian marine legal system studied,and explains the Indian marine legal system in a broad sense,including thecurrent domestic legislation on the sea and the international law concluded and participated in by India.The second part introduces the background elements of India’s marine legal system from two aspects: the general situation of marine geography and the positioning of marine policy.Starting from the situation of Indian marine geography,it observes the external environment of Indian marine legal system,and then obtains the necessity,emphasis and future development direction of the construction of Indian marine legal system.The third part combs the constitution of India from colonial period to independence,the legislation of Parliament,the relevant provisions on marine matters in the administrative regulations issued by the central government and the rank relationship between these laws.Through a more detailed analysis of these laws,the characteristics of marine legislation in India are summarized and evaluated.The fourth part systematically expounds the relevant international treaties concluded and acceded to by India,analyzes India’s attitude towards the treaties on the law of the sea under the framework of the United Nations,the treaties on maritime affairs under the framework of the International Maritime Organization and other relevant global or regional international treaties,and studies the specific application of these treaties in India,so as to analyze India’s maritime legal system China The application and practice of the rules of international maritime law.In the fifth part,aiming at the current maritime relations between China and India as well as the maritime strategies of the two countries,it is intended to discuss the importance and feasibility of the cooperation between the two countries in maintaining the maritime legal system from three aspects: traditional and non-traditional maritime security cooperation,marine energy exploration cooperation and marine scientific research cooperation. |