The ICPC Releases Its Joint Report with CIL Addressing Key Issues with the Law of the Sea and Submarine Cables

PORTSMOUTH, United Kingdom–(BUSINESS WIRE)–The International Cable Protection Committee (ICPC) and the Centre for International Law at the National University of Singapore (CIL) released their joint report, Law of the Sea and Submarine Cables, addressing key law of the sea issues and prospects for collaboration between industry and governments on installation, repair, protection, and security of submarine cables. Submarine cables, which provide more than 99 percent of the world’s intercontinental connectivity, depend critically on a stable international and national legal and regulatory regimes.

This report results from a one-day law of the sea workshop jointly organised by the ICPC and CIL—with support from Infocomm Media Development Authority (IMDA) Singapore and the Australian Department of Foreign Affairs and Trade (DFAT)—following the ICPC’s annual Plenary meeting in Singapore in May 2024. The workshop brought together representatives from the submarine cable industry, academia, and more than 50 government delegates from ASEAN countries, to consider how these challenges can be addressed under existing international law (or its absence) through increased collaboration between the cable industry and governments. As with the workshop, the report is divided into four segments: (1) spatial and competing use issues in the oceans; (2) permits and policies for laying and repair of cables; (3) cable security; and (4) implications of the new agreement for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, the so-called BBNJ treaty.

Among other recommendations, with respect to spatial separation and competing uses, the report recommends that governments:

• Improve coordination across agencies and departments to ensure proper treatment of and prioritisation of submarine cable installation and repair; and
• Establish single points of contact for submarine cable matters; and that they work with submarine cable operators to:
• Ensure coordination with other marine industries at the earliest stages of project development; and
• Enhance cable awareness programs.

With respect to permits and policies, the report recommends that governments:

• Develop and implement transparent and stable regulatory regimes with enumerated requirements and timeframes;
• Abide by their UNCLOS commitments and jurisdictional limitations therein; and
• Consider how their environmental policies and marine spatial planning can magnify risks to submarine cable resilience.

With respect to security, the report recommends that governments and submarine cable operators:

• Recognise shared responsibility for cable security;
• Share risk and threat information (in both directions); and
• Ensure that cables continue to appear on nautical charts, in order to mitigate the principal risks of damage from fishing and vessel anchors.
• It also recommended that governments ratify the 1884 Cable Protection Convention.

With respect to the BBNJ treaty, the report recommends that governments and submarine cable operators:

• Continue to engage directly on the implementation of the treaty and its treatment of submarine cables; and
• Work with treaty bodies make use of submarine cable expertise and the best available science.

About the ICPC: The ICPC is the world’s leading organisation promoting submarine cable protection and resilience. The ICPC works with its members, governments, international organisations, other marine industries, and the scientific community to: mitigate risks of natural and human damage to cables; develop recommendations and best practices for industry and governments throughout the cable project life cycle; promote scientific research addressing how cables exist in the marine environment; and promote the rule of law for the oceans. Founded in 1958 the ICPC has over 220 members from over 70 nations, including cable operators, owners, manufacturers, and industry service providers, as well as governments. For further information about the ICPC, visit www.iscpc.org and www.linkedin.com/company/icpc-ltd/.