ABSTRACT

The history of the law of the sea is a narration of the struggles for and against the doctrine of the freedom of navigation. Historical research clearly demonstrates that freedom has no static content 'a priori', but is subject to continuous, at times even violent, changes. This chapter will explore how new legal regimes and geopolitical imperatives can provide for freedom of navigation and sea lane security as points on the same continuum in the relationships among flag states and coastal states in the Indian Ocean.