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Submarine Cables Protection and Regulations - A Comparative Analysis and Model Framework (Hardcover, 1st ed. 2021)
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Submarine Cables Protection and Regulations - A Comparative Analysis and Model Framework (Hardcover, 1st ed. 2021)
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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. The
book suggests adopting the spatial ocean management approach,
dedicated regulatory authority, a competent enforcement agency,
strict liability with exemplary punishment on cable damage, and the
cable system to strengthen the cable system's management. Finally,
it arranges the fundamental premises of a common minimum framework
for national instruments seeking coastal states' deliberations in
implementing initiatives towards a robust law and policy for
reliability, resiliency, and security of the cable system. The
cable industries, pipeline, fishing, shipping industries,
academicians, government authorities, international bodies, and the
maritime community worldwide are looking at the issues and
challenges of submarine cable regimes, particularly national
regimes and suggestive remedial measures. These stakeholders will
find the book a useful reference.
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