FEATURE
BRIDGING THE LEGAL REGIME UNDER THE UNCLOS AND PRECAUTIONARY PRINCIPLE FOR SUBMARINE CABLE FIBRE OPTIC PROJECTS BY WAHAB JUMRAH
INTRODUCTION
At international level, United Nations Convention for the Law Of the Sea (UNCLOS) dictates specific duty for the coastal states to protect and preserve the marine environment. It further entails the power of the coastal states to exploit its natural resources and impose relevant measures deemed necessary to prevent, reduce and control pollution of the marine environment. Specifically for submarine cable fibre optic projects, UNCLOS affirms the sovereignty of the coastal states in its territorial waters while for EEZ, subject to several provisions in the UNCLOS. As a matter of principle, the coastal states have the right to regulate all activities especially for submarine cable fibre optic projects in order to preserve its marine environment in their territorial sea and EEZ.1 In this contemporary international law development, precautionary principle emerges as a notion that supports protective action before there is complete scientific proof of 1 UNCLOS can be assessed here at webpage https://www.un.org/ depts/los/index.htm
a risk and often used by policy makers when conclusive evidence is not yet available. This principle is backed by several International Court of Justice (ICJ) cases that evident the precautionary approach may or may not acceptable as the generally acceptable practice in international law called as the customary international law. For submarine cable fibre optic projects, this precautionary approach is essential vis-à-vis the state practice to conduct necessary measures before an approval granted by the relevant authorities. As such, this article will explain on how submarine cable fibre optic projects can be argued to seemingly tie the legal regime under the UNCLOS and precautionary principle in order to preserve the marine environment.
LEGAL REGIME UNDER UNCLOS
Part XII of the UNCLOS on the Protection and Preservation of the Environment, provides the central regime for ocean governance at international level. This includes both general and specific obligations of the state parties to JANUARY 2023 | ISSUE 128
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