Abstract

Abstract Submarine cables and pipelines hold great significance for the global economy, as they constitute key features in energy transit and transmission of telecommunications data. Whereas the two have traditionally been treated by scholars through the lens of the international law of the sea, far less attention has been paid to the potential applicability of international investment law in this field. The present article seeks to shed light on this latter question. First, it reviews the most common treaty and contractual arrangements in place vis-à-vis submarine cables and pipelines. It then turns to international investment law with a view to examining whether investment treaties have a say on the protection of investors in the laying of submarine cables and the construction and operation of submarine pipelines. One of the more vexed questions in this respect is the territorial scope of investment law, in particular as regards the seabed beyond national jurisdiction.

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