Balancing the interests of the coastal state and the laying state : an examination of the right to lay submarine cables and pipelines in the exclusive economic zone and continental shelf under the United Nations Convention on the Law of the Sea

Abstract

The main aim of this research project revolves around an examination of the rights and duties of coastal States and laying States alike, vis à vis the extension of the high seas freedom to lay cable and pipelines in the Exclusive Economic Zone and Continental Shelf. Chapter 1 of the project provides a historic overview of the progression of cables and pipelines over time. The author provides a rendition of the evolution of cables over time; commencing from telegraphic cables, moving on to telephonic cables up to the culmination of the cable industry with the introduction of the innovative fibre-optic cables. This evolution is provided alongside the legislative progression regarding cables and pipelines in international law, whereby reference is mainly made to the 1884 Convention for the Protection of Cables and Pipelines. Chapter 2 provides answers to the main research question of the project by analysing the balance between the coastal State’s rights and duties alongside those of the laying State by referring to the obligation of due regard and unjustifiable interference. Matters regarding the interpretation to be given to the terms ‘reasonable measures’ and the classification of hydrographic surveying are delved into. Chapter 3 brings together the main issues faced by the cable and pipeline industry and provides an examination of how these impinge on and tilt the balance between the coastal and cable and pipeline owners. The conclusion provides the answers to the main research questions and sub-questions dealt with throughout the whole project which include the requirement of consent for the purposes of conducting hydrographic surveying, the setting up of national and international agencies responsible for the laying and repair procedures and advocates the main recommendations for cable protection.