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tion of Submarine Telegraph Cables, to which a limited number of maritime

About the Author states are party. More recently, the

David Hunt, partner at Boies Schiller Flexner, specializes in

UN Convention on the Law of the Sea international arbitration, representing clients in complex mul- 1982 provides additional, but still de? - tijurisdictional disputes, investor-state matters, fraud claims, cient, protections. and high-stakes global enforcement proceedings.

In outline, UNCLOS requires States to enact criminal legislation prohibit- ing the willful (or culpably negligent) damaging of undersea cables (Article 113). It also provides for compensa- tion to be paid where one cable-owner damages the cable of another (Article 114). This regime presents a number of

Ç??˪¯©©¯ª¯ªª?Ç?¯ª dif? culties: • Jurisdictional – States do not have universal jurisdiction over the cutting of underseas cables. As a general rule, in the high seas, only the ? ag State (i.e. the State to which the ship that damages the cable is registered) has jurisdiction to prosecute.

• Scope – UNCLOS does not impose an express international law obligation on states not to deliberately damage or interfere with cables.

• Implementation – in practice States have not implemented the regime – they either have not passed criminal legisla- tion at all or have merely provided for the exaction of monetary ? nes, surely insuf? cient to deter the commission of the offence.

The sparse legal framework protecting undersea cables is a hangover from the relatively marginal importance afforded by States to these cables in the eras in 6RXWK%D\&DEOHVDUHWKH8QFRPPRQ&RQQHFWLRQIRU which the legal protections were enact- ed. The vital signi? cance of these cables

WRXJKMREVDURXQGWKHZRUOG4XDOLW\DQGUHOLDELOLW\DUH for modern communications as well as

GHVLJQHGDQGPDQXIDFWXUHGLQWRHYHU\FDEOHZHEXLOG the growth in informal con? ict between states demands improvements to the in- ternational law regime. Such improve- ments would include: • A strengthened jurisdictional regime.

ìCôðìcñðôCíìóî • A clear international law obligation

Ár¤?ÁJÁ¯ËÇ?~rÛr~¤?ö¯© on states not to interfere with cables, with consequences for such interference.

Á¯ËÇ?~rÛr~¤?ö¯© • A strengthened regime for private

H½¯Ë?YO7rªËrÇ˽?½O?ª?ìôðò commercial actors (such as telecoms companies and cable operators) to seek compensation in cases of deliberate &'"&2i8"'8K YOU=72&'"&2i8"'8KYOU=72 damage.

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