December 12, 2022
Introduction
India and the U.S. have become a significant part of the Indo-Pacific’s security framework with their active participation in regional groupings. This makes them indispensable member states in structuring the architecture for partnerships in the Indo-Pacific.
The Rising Powers Initiative at The George Washington University and Christ (Deemed to be University) in Bangalore recently held a joint Conference on Regional Architecture for Partnerships in the Indo-Pacific: The Role of US and India in Security and the Commons. The first session sought to explore important aspects of the security dynamics in the region, focusing on how joint contributions may help in upholding a ‘free and open Indo-Pacific’ and promoting a rules-based order. See the Security Policy Brief here. This Policy Brief considers a spectrum of commons issues that the two countries can cooperate on, from climate refugees to the blue economy. Watch the Commons session here.
There is an urgent need for the US and India to go beyond their traditional cooperation in maritime security and address pressing challenges in oceanic ecosystems, international maritime law, and fishing disputes. These are areas which have a direct impact on the lives and livelihood of local and larger populations of the Indo-Pacific. Successful collaboration would thus meet both foreign policy and domestic objectives.
Experts on the commons consisted of Jason Donofrio, External Affairs Officer at The Ocean Foundation, Cornell Overfield, Analyst at CNA Corporation, and Abhijit Singh, Senior Fellow at Observer Research Foundation’s Maritime Policy Initiative. The session was moderated by Deepa Ollapally, Director of the Rising Powers Initiative and Research Professor of International Affairs at George Washington University.
How Can India and the US Catch Up in the Commons?
The viability of a long-term partnership between India and the US in non-traditional maritime security will depend on commons issues getting higher priority on their joint agenda. Panelists acknowledged that the commons have been under-explored despite its growing significance in the Indo-Pacific. With climate change threatening smaller island nations in the Indo-Pacific and the posturing of the Chinese navy in the South China Sea and the Indian Ocean, the merger of non-conventional and conventional maritime issues has now created a complexity requiring nonbinary approaches. US-India cooperation is essential as it would be a precursor to establishing clearer laws for governance and an architecture for the development of global commons in the Indo-Pacific.
According to Donofrio, the global commons have come to represent an arena of increasing importance, especially in the Indo-Pacific region, as it supports the rhetoric of a “free, open and inclusive” region. Donofrio also highlighted the significance of maritime laws against the backdrop of continuing disputes and confrontations in the high seas by China. Though certain historical ideological differences have emerged between India and the US concerning the blue economy sector, there is general consensus that comprehensive collaboration between the countries would benefit the region.
The blue economy is a rapidly developing arena in the Indo-Pacific region, with opportunities to invest in fuel-efficient vessels, waste energy technology, greenification of shipping ports, and large-scale recycling, among other initiatives. There has been an increase in government investments in this sector with the influx of new sub-areas like blue carbon technology, which uses oceanic ecosystems to sequester carbon. These concepts have become crucial to the Indo-Pacific to safeguard biodiversity, counter the disproportionate impact on local coastal communities and prevent mass migration from becoming a security crisis.
Additionally, non-governmental institutions and private sector organizations can come together to contribute to the timely implementation of these types of sustainable projects. The Paris Agreement’s Nationally Determined Contribution mandate on climate adaption as well as the corporate sector’s Environmental, Social and Governance (ESG) mandate offer opportunities in this regard. American private sector ESG funds may be utilized for restoration, preservation, and conservation projects in the blue economy and marine development areas. These resources can be further harnessed with local level expertise of researchers and scientists in India and the broader Indo-Pacific for multiple projects.
One sticking point has been India’s use of subsidies for deep sea fishing to promote livelihoods which in turn is resulting in a restricted flow of ESG funds. Clarifications and guidelines that balance the domestic and international interests in Exclusive Economic Zones for example, need priority discussion. Moreover, Donofrio argues that unnecessary and excessive accountability requirements have prevented optimal usage of ESG funds, making conservation projects unviable.
Overcoming Divergences: Challenges for US, India and the Indo-Pacific on UNCLOS
Overfield acknowledged that the lack of UNCLOS ratification by the United States has prevented more consensus building and impactful cooperation. Overlapping zones and resource division disputes caused by confusing regulations in the Indian Ocean are another set of issues that needs to be addressed. This requires India and the US to engage in dialogue and create a comprehensive framework for optimally harnessing blue economy resources such as fish.
Fisheries are a major source of livelihood for nations in the Indian Ocean. However, disputes arising from the EEZ and deep-sea fishing mandates of the various UNCLOS subsidiary bodies and Indian Ocean fishing agreements have hampered growth. Moreover, unregulated fishing activities have been causing environmental damage in the Indo-Pacific. Overfield notes the importance of India and US collaboration in resolving these disputes in favor of sustainable fishing practices. An additional area for further joint work is in anti-pirate drills in the region. In this regard, the jurisdictional issues with patrolling and countering pirate attacks require consensus building by India and the US with other regional powers.
Singh agreed that marine governance has not been taken up comprehensively in South Asia due to the limitations of UNCLOS and contrasting national interests. Limited legality combined with a lack of regulation and law enforcement has led to irregularities in governance. Most Indo-Pacific countries have not been able to reconcile interstate differences over EEZ governance as national governance clashes with international maritime laws. He notes that for India, the high seas are usually viewed as an arena of contestation, while diplomacy in the Indian Ocean is seen mainly through the lens of UNCLOS.
The issue faced by the US regarding ratification of UNCLOS is similar to India and other South Asian nations concerning their national blue economy policies. UNCLOS is restrictive in favor of sustainability, whereas India emphasizes holistic maritime development, with sustainability as a secondary parameter. Singh suggests that rebalancing within marine governance must provide equitable importance to non-traditional security factors. Discussions concerning maritime governance in multilateral partnerships need to shift towards more bilateral cooperation. For example, greater clarity on maritime law and various limitations and disagreements on issues like military operations in EEZs need to be addressed bilaterally. Singh proposes capacity-building initiatives between India and the US to combat natural disasters in the Indo-Pacific through green technology, smart tourism structures, and shallow ports for evacuation. He also proposes the construction of protected marine spatial zones for planning and conservation.
Looking Ahead
Optimistically, Singh finds that there has been a change in the Indian government’s mindset towards marine development and sustainability, as well as holistic maritime security, including human security, that was previously absent from significant maritime security debates.
For the US and India, partnership and cooperation in the Indo-Pacific is essential for governance related issues, especially regarding Chinese illegal fishing. Speakers also note that China can undertake activities such as building islands in the South China Sea due to a lack of opposition from other regional powers and the questionable legal status of submerged islands.
Given the immediacy of the climate change crisis, there are rising expectations with respect to the exchange of technical expertise and new initiatives between the US and India in the maritime domain. The role of shared values in both countries’ foreign policies, despite sometimes diverging individual national interests, is a driver that may provide further impetus for both countries to take the lead toward more resilient regional cooperative architecture.
By Kriti Chopra, Doctoral Scholar, Department of International Studies, Political Science & History, Christ (Deemed to be University).
This Policy Brief is a part of the ‘Shared Values and Worldviews in U.S.-India Relations’ project of the United States Government, George Washington University and Christ University. The opinions expressed here are solely of the authors and do not necessarily reflect those of the United States Government, George Washington University or Christ University.
