Abstract
Since 2022, there have been several incidents of apparent intentional damage to submarine cables and pipelines in the Baltic Sea and in the waters around Taiwan. Affected coastal States correctly complain that malign actors, like Russia and China, exploit gaps in international law that make it exceedingly challenging to hold the perpetrators accountable. None of the international agreements applicable to the protection of critical undersea infrastructure provide for adequate coastal State enforcement authority beyond the territorial sea. Several proposals have been made to provide greater protection for critical undersea infrastructure—adopt a UN Security Council resolution, European Union Action Plan, naval presence operations (NATO Baltic Sentry), impose a Baltic Sea shipping tax, and amend the UN Convention on the Law of the Sea (UNCLOS). None of these proposals provide an adequate solution to curtail intentional damage to submarine cables and pipelines. This article suggests that the best solution is to adopt a new implementing agreement under UNCLOS that allows for expanded coastal State authority over foreign-flagged vessels that engage in illicit conduct beyond the territorial sea, to include non-consensual boardings. A draft agreement is included as an annex to the article.
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