The coastal state obligation not to impede the laying or maintenance of submarine pipelines on the continental shelf according to United Nations convention on the law of the sea

Abstract

The exploitation of submarine cables and pipelines, notwithstanding its transboundary character, has become an inseparable element of the world economy over the last century. However, this maritime activity is associated with a high risk, and accidentally occurring events. Both may supervene as caused by human venture and natural factors, that may lead to damage to seabed pipelines or weaken their structure, which subsequently may threaten the safety of the marine environment. Suffice it to say that the intermission of the pipeline could lead to an environmental disaster comparable to the consequences of an oil spill in case of the 2010 Gulf of Mexico oil rig fire. The 1982 UN Convention on the Law of the Sea (UNCLOS), among the freedoms of the high seas mentioned in Article 87 refers to, inter alia, the freedom to lay submarine cables and pipelines. In addition however, under article 112, UNCLOS states that this principle is fully applicable to those areas of the seas that extend beyond the outer limits of the continental shelf established by Coastal States. However, on the shelf itself this freedom is limited by the Coastal State's right under Article 79(2) of the UNCLOS to use reasonable measures to explore and exploit the shelf's natural resources and to prevent, reduce and control pipeline pollution. The next paragraph of the above mentioned article 79 also requires the consent of the Coastal state to route the pipeline whereas the last paragraph, requires the States concerned to pay due regard to the laying and maintenance of pipelines. This article is putting forward the analyzes of the scope of the indicated in UNCLOS regulations, based on the work of the UN International Law Commission, as well as documentation of the 1st and 3rd conferences on the law of the sea, in reference to the practice of states and the judgments of international tribunals. The article also refers to the theories presented in the contemporary doctrine on the subject. The core of the considerations contained in this article is a comprehensive approach to the concept of reasonable measures, and the way of interpreting Article 79 of UNCLOS. that comes along with it.