Abstract
One of the strategic development priorities of the Republic of Croatia is the development and construction of a modern telecommunications network and the availability of high-speed Internet throughout its territory, especially in rural areas and on islands. To enable this, it is important to build a reliable and resilient communication infrastructure. With the cooperation of all stakeholders in the construction, from telecom operators to local and state administrations responsible for the maritime demesne, and with efficient legislation, it is possible to achieve sustainable development of submarine cable infrastructure. The paper provides an overview of the legal aspects of submarine optical cable infrastructure design and application at the national and international levels. Special attention is dedicated to the analysis of a national legal regime regulating the protection and sustainable use of submarine cables. Thus, the authors will provide critical analysis of a kind of dualism present in the application of the Ordinance on the Register of Concessions and the Ordinance on the Register of Concessions on the Maritime Demesne and offer suggestions for potential improvements of a national legal framework pertaining to the right of laying and legally protecting submarine cables.
Highlights
Submarine cable infrastructure, i.e. energy and telecommunication cables are important submarine objects from both the economic and legal standpoint
It should be noted that the Regulation on the procedure for granting a concession on a maritime demesne prescribes the content of the request for the award of a concession, but not the content of the decision on the concession. This legal gap should be filled by applying Article 24 of the Maritime Demesne and Seaports Act, which explicitly states what the concession decision should contain
Since the Ordinance on the Register of Concessions on Maritime Demesne has not been repealed, it still represents a part of the positive legal provisions of the Republic of Croatia, regardless of the fact that the issue of recording and keeping data on concessions on maritime demesne is regulated by a new by-law, so there exists a certain degree of the duality of legal regulation concerning the registration of concessions on the maritime demesne
Summary
I.e. energy and telecommunication cables are important submarine objects from both the economic and legal standpoint Their reliability, high-quality mechanical and transmission characteristics contribute to a better and more efficient connection and integration of coastal and island population within the global power supply and communication network. Activities associated with their design, installation, repairs and maintenance may cause damage and sometimes even long-term changes in ecologically and biologically highly sensitive marine environments. This paper analyses such activities and their impact on the marine environment and deals with the potential damage of the submarine cables and threats they are exposed to due to human activities and natural factors. The paper provides guidelines on how to improve their installation and protection in technical and legal terms
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