Submarine Cables Protection and Regulations : A Comparative Analysis and Model Framework

This book highlights the critical importance of laying, quick relinking, and protecting submarine cables with timely approval for carriers and cable repairing ships and how these are most challenging in many jurisdictions. It identifies that a dedicated national instrument on submarine cable as a way forward is yet to be appreciated by many States, and presently, there is no model legal framework for national instruments on submarine cables available. To bridge these gaps, the book undertakes a systematic inquiry and analysis of submarine cable regimes' and relevant authorities. It consults existing knowledge on international law on cables and analyzes specific principles and provisions on laying repair and maintenance of submarine cables and states’ obligations towards protecting cables from vulnerabilities. It touches upon cable regulation in the deep sea concerning the International Seabed Authority and proposed biodiversity agreement. It indicates suitable measures on cable laying, etc., and security risks in the marine space beyond the national jurisdictions. To map States’ response, it explores the domestic cable regimes, including both the selected jurisdictions and Australia and New Zealand, analyses specific legal provisions and institutional set-up, and demonstrates state practices, approaches, and loopholes in the governance of the cable system within national jurisdictions. 

 

The book suggests adopting the spatial ocean management approach, dedicated regulatory authority, a competent enforcement agency, strict liability with exemplary punishment on cable damage, and the cable system to strengthen the cable system's management. Finally, it arranges the fundamental premises of a common minimum framework for national instruments seeking coastal states’ deliberations in implementing initiatives towards a robust law and policy for reliability, resiliency, and security of the cable system. The cable industries, pipeline, fishing,shipping industries, academicians, government authorities, international bodies, and the maritime community worldwide are looking at the issues and challenges of submarine cable regimes, particularly national regimes and suggestive remedial measures. These stakeholders will find the book a useful reference.

Utpal Kumar Raha is a former Research Scholar at Rajiv Gandhi School of IP Law, IIT Kharagpur, India. His research interest is ocean law and policy. He has been writing in the area of underwater cable law and policy and maritime security, marine conservation in peer-reviewed journals and also presented research papers in conferences held in Asia and Europe. Before that, he has qualified for University Grand Commission National Eligibility Test in 2013, and masters in law from the Hidayatullah National Law University, Raipur, a reputed institution among the national law schools in India.

 

Raju K.D. is Professor of Law at Rajiv Gandhi School of IP Law, IIT Kharagpur, India. He has several books and book chapters to his credit in addition to papers in international journals. His research interests are WTO law, IP and competition law, and Law of the Sea, Air & Space.