It’s a Gas... Pipeline and Submarine Cable: A Study of the International Legal Framework Protecting Submarine Pipelines and Cables in the EEZ

Sammanfattning: The legal protection of underwater pipelines and cables has never been more relevant. After the explosions in Nord Stream 1 and 2 that took place in the EEZ of both Denmark and Sweden, this protection was put in the limelight. Within international law, and especially the law of the sea, it has been disputed whether military activity is permitted at all within a coastal state’s EEZ. The answer to that question is significant because it affects the protection of submarine cables and pipelines located within the EEZ. Also relevant for said protection is how far the more specific legal framework protecting pipelines and cables extends. The essay is based on a legal dogmatic method and aims to investigate how the protection of submarine cables and pipelines is regulated under international law. To fulfill this purpose, the applicable legal framework protecting underwater pipelines and cables in the coastal states’ EEZ is identified. It is also investigated whether it is possible to limit foreign military activity in the EEZ and thereby protect underwater cables and pipelines. The questions answered are the following: How are submarine pipelines and ca-bles in the EEZ of a coastal state protected under international law? Can coastal states limit foreign military activity in their EEZ and thereby protect submarine cables and pipelines located in the zone? There is a prohibition against destroying underwater pipelines either deliberately or through negligence. However, the prohibition is not enforceable, hence its practical impact is not very extensive. Articles 88 and 301 UNCLOS require foreign militaries to act in peaceful purposes in the EEZ of the coastal state, thereby protecting cables and pipelines through the UN Charter’s prohibition on the use of force. A military attack directed at a cable or pipeline can nevertheless not always be considered to constitute an act that rises to the level which constitute a use of force. Submarine cables and pipelines are however still protected by being part of the coastal state's exclusive economic rights and thus still protected by the requirement to observe "due regard" in Article 58 UNCLOS.