Submarine cable governance regimes in the Baltic sea : questions on jurisdiction, immunities and NATO's capabilities to safeguard this national security infrastructure

Abstract

This research project aims to shed light on an opaque topic with a considerable real-life importance, the legal governance of submarine cables. More specifically, it answers questions regarding jurisdiction, immunities and, in a contemporary context of great power competition, NATO’s capabilities to defend this vital undersea infrastructure. The geographical setting of the study is the Baltic Sea, a rich environment regarding submarine cables, and populated by a unique set of actors, even inside the context of the transatlantic alliance. Submarine cables, due to their hidden nature, may also be both the target of the exploitation of legal gaps inside their jurisdiction, and vulnerable to hostile actions conducted in a prominent hybrid environment, as demonstrated with the Nord Stream bombings of September 2022. Thus, this research project aims to contextualize the main legal framework surrounding submarine cables, identifying vulnerabilities, and recommending solutions, to study NATO’s tools in theatre and beyond to defend the vital infrastructure, and to identify hostile capabilities that would target these nodes of communication. Overall, the research shows that, while the legal system embedded in the International Law of the Sea and NATO policies and military might ought to be strong enough in principle, critical vulnerabilities and gaps remain, which could be exploited by any determined hostile actor.