JTF Workshop on Green Cable Systems:
New Developments and Demonstrator Project
16-17 October 2014, Singapore
UNCLOS Legal Regimes and
Green Cable Systems
Robert Beckman
Director, Centre for International Law (CIL)
National University of Singapore
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UNCLOS and Use of Cables for MSR
• Marine Scientific Research (MSR) refers to activities undertaken in
the oceans to expand general scientific knowledge of the marine
environment for peaceful purposes which is made publicly available
• The collection of oceanographic data by sensors in submarine
cables would fall within the definition of MSR
• Therefore, the use of submarine cables for research purposes would
be subject to two legal regimes under the Law of the Sea
– Provisions on the laying and repair of Submarine Cables
– Provisions on Marine Scientific Research
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Importance of Maritime Zones
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Rights and obligations of States with regard to submarine cables
and MSR are set out in 1982 UN Convention on the Law of the Sea
(UNCLOS)
Rights and obligations of States depends upon the maritime zone in
which the cables are located:
1. Zones subject to sovereignty of coastal State – ports/internal
waters, territorial sea and archipelagic waters
2. Zones outside sovereignty of coastal State – EEZ, continental
shelf, high seas and deep seabed
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LEGAL REGIMES OF THE OCEANS AND
AIRSPACE
8/9/01
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General Principles
• In internal waters, archipelagic waters and territorial sea, the
consent of coastal state is required for the laying and repair of
submarine cables and for the conduct of MSR
• On the high seas, the general principle is that all States have the
freedom to conduct MSR and the freedom to lay cables, subject
only to consent of the flag State
• In the EEZ and on the Continental Shelf, the situation is much
more complex as those regimes are neither subject to
sovereignty nor part of the high seas, but special resource
zones in which the interests of user States and the interests of
coastal States are balanced
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Cables in EEZ & Continental Shelf
• All States have the freedom to lay and repair submarine Cables
subject to:
1. Duty to give due regard to other users of the oceans
2. Duty to give due regard to rights and obligations of coastal
States to explore & exploit resources and protect the
marine environment
• Subject to right to take reasonable measures to regulate the
exploration of the shelf and the exploitation of its natural
resources, coastal states may not impede the laying and
maintenance of cables.
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Collecting Data vs Transporting Data
• If the cables are merely transporting data collected elsewhere,
the regime governing submarine cables will apply
• If the cables are collection oceanographic data, then the regime
on MSR will also apply
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MSR in the EEZ and on the Continental
Shelf
• The general principle is that MSR is subject to the Consent of
the Coastal State
• If the MSR may be of direct significance for the exploration and
exploitation of the natural resources, the Coastal State has the
right to withhold its consent
• If the MSR is for the collection of oceanographic date for
research purposes and is carried out with the intention of open
publication, the coastal State should in normal circumstances
grant its consent
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Implied Consent for MSR
• Applications for consent should be made to the coastal State at
least 6 months before the start of the research
• If the coastal State does not respond to the request within 4
months, its implied consent can be presumed
• These rules apply not only to research conducted from vessels,
but also to scientific research equipment or installations
• It is generally agreed that the routine collection of marine
meteorological data by voluntary observation ships under the
WMO World Weather Watch system is not governed by the
UNCLOS rules on MSR
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Recommendation
• The scientists, the cable industry and the International
organizations should work together to develop Best Practices
so that the consent of coastal States can be obtained without
delay
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Thanks for your attention
Prof Robert Beckman
Director, Centre for International Law (CIL)
National University of Singapore
Email: cildir@nus.edu.sg
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