ANALYTICS
LEGAL & REGULATORY MATTERS YEAR IN REVIEW PERSPECTIVES OF ANDRÉS FÍGOLI
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ubmarine cables continue to play a key role as critical global communications infrastructure. Accordingly, discussions and regulatory changes in this industry will persist at both regional and national levels around the world in 2023. The good news is that many governments have now recognized the importance of these subsea assets, especially if they are ever affected. As a result, new regulatory initiatives are underway, and more international stakeholders are entering the arena to support further protection and harmonization with other seabed user industries. Below are some potential breakthroughs and trends in the legal and regulatory landscape of telecom submarine cables:
BIODIVERSITY OF AREAS BEYOND NATIONAL JURISDICTION
Indeed, the event of the year was the approval of the “High Seas Treaty,” focused on safeguarding Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ). This treaty, under discussion for nearly two decades, sets up a procedure for establishing large-scale marine protected areas in the high seas. It was finally approved at
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an intergovernmental conference in New York, USA, on June 19, 2023. During this period, numerous national environmental authorities globally have heightened their focus on the environmental impact of submarine cable installation and maintenance. This includes stipulations for environmentally friendly cable materials, noise levels that affect marine mammals, the use of low-frequency sonar, and the adoption of best practices in installation and maintenance to minimize disruptions to marine ecosystems. Subsequent to the treaty’s approval, several bodies will be established to enforce its provisions. This will prompt further interpretation and implementation in the intricate realm of submarine cable permitting. Any future cable owner crossing the high seas will keenly observe these developments, especially regarding whether Environmental Impact Assessment (EIA) requirements are imposed, particularly in the new marine protected areas designated under the treaty. Similarly, the cable industry continues to liaise with the International Seabed Authority (ISA), an intergov-