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Submarine Cables Protection and Regulations: A Comparative Analysis and Model Framework

Submarine Cables Protection and Regulations: A Comparative Analysis and Model Framework

Author: Utpal Kumar Raha; K.D. Raju
Publisher: Springer-Verlag
ISBN: 9789811634383
Published In: July 2022
Format: Paperback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,595.00

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This book highlights the critical importance of laying, quick relinking, and protecting submarine cables with timely approval for carriers and cable repairing ships and how these are most challenging in many jurisdictions. It identifies that a dedicated national instrument on submarine cable as a way forward is yet to be appreciated by many States, and presently, there is no model legal framework for national instruments on submarine cables available. To bridge these gaps, the book undertakes a systematic inquiry and analysis of submarine cable regimes' and relevant authorities. It consults existing knowledge on international law on cables and analyzes specific principles and provisions on laying repair and maintenance of submarine cables and states' obligations towards protecting cables from vulnerabilities. It touches upon cable regulation in the deep sea concerning the International Seabed Authority and proposed biodiversity agreement. It indicates suitable measures on cable laying, etc., and security risks in the marine space beyond the national jurisdictions. To map States' response, it explores the domestic cable regimes, including both the selected jurisdictions and Australia and New Zealand, analyses specific legal provisions and institutional set-up, and demonstrates state practices, approaches, and loopholes in the governance of the cable system within national jurisdictions.

Chapter 1: Introduction

1.1 Background

1.2 Submarine Cables

1.3 Law on Submarine Cables

1.4 Identification of the Research Problem

1.5 Literature Review

1.6 Research Methodology

1.7 The scope of the Study

1.11 Chapterization

Chapter 2: Submarine Cables: Key Principles and International Law of the Sea

2.1 Background

2.2 Growth, Importance, and Challenges to the Submarine Cable

Infrastructure

2.3 Laying and Protection of Submarine Cable Requirement of

Regulation on Marine Affairs

2.3.1 freedom of NAVIGATION, fishing and terrorism and submarine cables

2.4 Fundamental Principles and International Instruments on Submarine Cables

2.5 Convention for the Protection of Telegraph Cables 1884

(the Cable Convention 1884)

2.6 The League of Nations Conference for the Codification of International law 1930 at the Hague (Hague Conference)

2.7 UNCLOS I- 1958

2.8 UNCLOS II- 1960

2.9 UNCLOS III 1982 -laying and the protection of submarine

Cables

2.10 International Institutional Framework Dealing with the

Submarine Cables

2.11 Draft Convention for the Protection and Repair of Submarine

Cable Infrastructure

2.12 regulation of cables in deep sea bed in relation to the international seabed authority and proposed biodiversity agreement

2.13 Ambiguities in the International Regime on Submarine Cables

and the Way Forward

2.13.1 (highlights on the international instrument on laying of cables

2.13.2 International insturemtn on cables' vulnerabilities from human aggression)

2.14 Summary

Chapter 3: Challenges to the Laying and Protection of Submarine Cable in Selected Jurisdictions - A Legal & Comparative Analysis

3.1 Introduction

3.2 Basis for Identification of the Selected Jurisdictions

3.3 Legal Analysis of the Law on Submarine Cables in Selected Jurisdictions- An Overview

3.3.1 Asia

3.3.1.1 India

3.3.1.2 China

3.3.1.3 Singapore

3.3.1.4 Indonesia-Regulation of Submarine Cables 1999

(KM. No.

94 Tahun 1999)

3.3.1.5 Japan

3.3.1.6 Vietnam-The Directive, viz. On Strengthening the

Protection of Submarine Cables and Ensuring the

Safety of International Telecommunications 2007

3.3.2. European Union

3.3.2.1 EU Conventions and Guidelines

3.3.2.2 United Kingdom

3.3.2.2.1 Marine and Coastal Access Act of 2009

3.3.2.3 France

3.3.3 North America

3.3.3.1 United States of America

3.3.3.2 Canada

3.3.3.2.1 The case before the Federal Court of Trial Division

3.3.3.2.2 The Case before the Federal Court of Appeal Canada

3.3.3.2.3 The Case before the Supreme Court of Canada

3.3.4 South America

3.3.4.1 Argentina

3.3.4.2 Chili

3.3.4.3 Columbia

3.3.4.4 Uruguay

3.3.5 Africa

3.3.5.1 Ghana

3.4 Comparative and Legal Analysis on Legal Instruments and

Other Arrangements across the Selected Jurisdictions & Comparative Chart on Instruments on Submarine Cables in the Selected Jurisdictions

3.5 Final Report - Protection of Submarine Cables

through Spatial Separation

3.6 Reliability of Global Undersea Communications Cable Infrastructure (ROGUCCI)

3.7 Summary

Chapter 4: An Integrated Approach towards Submarine Cables in Australia and New

Zealand- A Way Forward

4.1 Introduction

4.2 Australia and New Zealand- Dedicated Legal Regimes on

Submarine Cable

4.3 Australia

4.3.1 Background of Schedule 3A

4.3.2 Definition and Scope of the Schedule

4.3.3 Schedule 3A and the ACMA Act on Protection Zone related to

Submarine Cables

4.3.4 Schedule 3A and the ACMA Act on Protection Zone Related

Prohibited and Restricted Activities

4.3.5 Schedule 3A and the ACMA Act on Submarine Cables

Installation Permits

4.3.6 Offences and Penalties under Schedule 3A and ACMA Act

4.3.7 Claims, Indemnity, and Compensation

4.3.8 Liability and Enforcement

4.4 New Zealand

4.4.1 Scope of the 1996 Act of New Zealand

4.4.2 Protected Area for Submarine Cables

4.4.3 Protection and Enforcement Officer & Seizure and Forfeiture

of Property and Enforcement

4.4.4 Compensation and Indemnity & Liability and Offense

4.5 Comparative Analysis between submarine cables regimes of

australia and New Zealand

4.6 Summary

Chapter 5: Conclusion and Suggestions

5.1 Final Objective and Conclusion to each of the Objectives

of the Study

5.2 Findings

5.3 Suggestions

5.4 Draft Model Law on National Instrument on Submarine Cable

5.4.1 Executive Summary

5.4.2 Purpose of the Model

5.4.3 Guiding Principles of the Model Law

5.4.4 Structure of the Model Law

5.4.5 Proposed Draft Model Framework

5.5 Closing Remarks

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