Oceans apart: overview of the international law regime for submarine cables Online publication date: Sat, 28-Mar-2015
by Ekaterina Anyanova
International Journal of Private Law (IJPL), Vol. 4, No. 1, 2011
Abstract: First used in 1851 for carrying telegraphy, submarine cables today carry more than 95% of all intercontinental telecommunications traffic. Due to its utmost importance to contemporary society, submarine cables require a special regime of legal protection at an international level. Most of the damage to cables comes from non-natural causes, especially careless fishing. The first international legal document on this issue was adopted in 1884 – an International Convention for the Protection of Submarine Telegraph Cables, which remains in force. Certain provisions on submarine cables, their laying, maintenance and protection are contained in the Geneva Conventions on the High Seas and the Continental Shelf of 1958 and the UN Convention on the Law of the Sea 1982. Nevertheless, this international legislation does not contain detailed provisions and measures on the improvement of the protection mechanism for the cables. Implementation of existing rules of international law depends on adoption and enforcement of appropriate national legislation by states.
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