Coastal State Duties in the Repair of Submarine Cables

Abstract

Abstract Submarine cables, such as those used for the conveyance of data traffic and power supply, are of vital importance to the functioning of global society. Yet, at the same time, they remain vulnerable to damage. To ensure the continued operation of these cables, it is imperative that emergency repairs, where needed, are carried out expeditiously. However, in maritime zones within a coastal State’s sovereignty, sovereign rights or jurisdiction, where the freedom of users of these zones to lay and maintain cables is circumscribed to varying degrees, such repairs may be hampered by the imposition of onerous coastal State regulatory requirements. This article addresses this problem by answering the questions: (i) What is the scope of a coastal State’s duties regarding cable repairs in the territorial sea, archipelagic waters, exclusive economic zone and continental shelf? and (ii) What solutions are available to facilitate cable repairs in such maritime zones more expeditiously?