The survival of the human race is not inevitable and is probably less so without global communication, which in turn relies substantially on underwater cabling. Any damage to these cables results in huge losses nationally and internationally. Considering such a nexus, Raha, a former research scholar at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, India, with a long history in water cable ocean law and policy, and Raju, a professor of law at the aforementioned university, have rigorously emphasized the need for a dedicated legal mechanism for robust protection and laying of submarine cables. It is pertinent to note that the book is neither a treatise nor a handbook on submarine cables but is instead a research book that discusses the weak and inadequate legal measures and institutional mechanisms for their protection. The book argues for a common national and international legal framework to protect submarine cable disruption from natural and man-made factors.
The book begins with a critical analysis of the principles and instruments relating to international submarine cable operation and protection. Moreover, while doing so, the authors highlight the gaps in the current international regime, including the inadequacies of the United Nations Convention on the Law of Sea, such as those relating to the threats posed by piracy, maritime terrorism, and deliberate human aggression. Subsequently, the authors proceed to discuss selected national jurisdictions, namely, India, Singapore, Malaysia, Indonesia, China, the United Kingdom, France, the United States of America, Canada, South Africa, and South America, wherein they compare and analyze the respective submarine cable regimes to portray the commonalities and gaps concerning its protection, security, and reliability.
Furthermore, the authors compare the Australian and New Zealand jurisdictions with specific laws and dedicated national legislation to deal with issues relating to submarine cables. An integrated approach highlights the critical nature of the submarine cables and their respective comprehensive measures for their laying and protection. The authors suggest that the basic structure, fundamental principles, parameters, and limitations of these legislations would contribute significantly to the jurisprudence of national laws on submarine cables. The book concludes with a model legal framework and draft legal provisions for cable operation and its protection within national maritime jurisdictions, which may serve as a reference for various countries to strengthen their submarine cable regimes.
Competing interests
The author declares none.
