Chapter 6
In: Maritime Security Law in Hybrid Warfare
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Abstract
This article assesses the regulatory regime with respect to deliberate damaging of subsea cables and pipelines. Based on the Balticconnector incident, which occurred in the Gulf of Finland in the fall of 2023, the article analyses the availability of enforcement measures for the affected coastal States, including boarding, inspection, and arrest of a ship, under the existing legal framework. The paper also briefly examines the scope of Article 113 of the LOSC for setting the jurisdictional background in relation to the severing of a submarine cable or pipeline and assesses other potential jurisdictional bases for enforcement actions. It is concluded that this represents another area in which LOSC is inconclusive, and the authors suggest that intentional sabotaging of other States’ critical underwater infrastructure calls for a flexible interpretation of the LOSC, taking into account its larger role in maintaining peace and security for the oceans.