Submarine Cables and BBNJ.

Abstract

This paper is respectfully submitted by the International Cable Protection Committee (“ICPC”)1 to provide the PrepCom with information on submarine cables, their contribution to sustainable development and their relationship to the marine environment in areas beyond national jurisdiction.2 The views presented generally reflect the consensus of the international community of interest in submarine cables that includes cable owners, cable ship operators, marine route surveyors, scientific institutions and interested governments (“submarine cable community”). Every effort, however, is made to provide references to peer reviewed scientific, engineering, and legal references to assist the diplomats to carry out a dispassionate review while working on “development of an internationally binding instrument under the United Nations Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.” In this paper, “BBNJ” refers to the high seas proper and the Area beyond national jurisdiction as defined in the United Nations Law of the Sea Convention. The paper is divided into three parts. The first part highlights the many uses of submarine cables and their value to sustainable social and economic development. The second part addresses BBNJ environmental aspects of cables in the context of marine protected areas (“MPA”) and environmental impact assessments (“EIA”). The third part discusses the adequacy of existing ocean international law and governance for international submarine cables within BBNJ.