DIFFERENCES THAT COUNT UNDER UNCLOS FOR A DUAL USE TELECOM/MSR CABLE
ADDING MSR TO A TELECOM CABLE MAKES A BIG DIFFERENCE
UNLIKE CABLES, MARINE SCIENTIFIC RESEARCH (MSR) IN THE EEZ AND UPON THE CONTINENTAL SHELF IS SUBJECT TO COASTAL STATE CONSENT.
EFFORTS DURING NEGOTIATIONS BY THE U.S. AND OTHER SEAPOWERS TO PROVIDE FOR THE FREEDOM TO CONDUCT MSR WERE NOT SUCCESSFUL
UNCLOS PROVISIONS ON MSR REFLECT THE COMPROMISE BETWEEN THE STATES FAVORING FREEDOM OF THE SEAS AND THE COASTAL STATES THAT DEMANDED ABSOLUTE CONTROL OF MSR IN THEIR EEZ AND CONTINENTAL SHELF.
COASTAL STATES HAVE SOVEREIGN RIGHTS OVER NATURAL RESOURCES AND MSR IN THEIR EEZ AND UPON THEIR CONTINENTAL SHELF
A DUAL USE CABLE (TELECOM AND MSR) IS SUBJECT TO THE MSR REGIME (PART XIII).
A MAJOR RISK
UNCLOS ART.’S 245-246
COASTAL STATES, IN THE EXERCISE OF THEIR SOVEREIGNTY, HAVE THE EXCLUSIVE RIGHT TO REGULATE, AUTHORIZE AND CONDUCT MSR IN THEIR TERRITORIAL SEAS, EEZ, AND ON THEIR CONTINNENTAL SHELF.
SO HOW DOES THAT COMPARE WITH UNCLOS CABLE PROVISIONS?
Information provided to the coastal State is inaccurate
Prior outstanding obligations to the coastal State from a prior research project
UNCLOS CABLES - NO COASTAL STATE CONSENT REQUIRED, JUST A DUE REGARD OBLIGATION. (ART. 58, 78, 79, 87)
DESIGNATION OF “OFF LIMIT” AREAS
UNCLOS MSR - COASTAL STATE CAN DESIGNATE AREAS IN THE EEZ AND ON THE CONTINENTAL SHELF OFF-LIMITS FOR MSR FOR EXPLORATION AND EXPLOITATION OF NATURAL RESOURCES (ART 246)
UNCLOS CABLES - AREAS IN THE EEZ AND CONTINENTAL SHELF CAN NOT BE PLACED OFF-LIMITS-ONLY LIMITATION IS DUE REGARD. (ART 58, 78, 79, 87)
COASTAL STATE POWERS
UNCLOS MSR - MSR ACTIVITIES SHALL NOT INTERFERE WITH ACTIVITIES UNDERTAKEN BY COASTAL STATES IN THE EXERCISE OF THEIR SOVEREIGN RIGHTS. (ART 246)
UNCLOS CABLES - NO SIMILAR RESERVATION OF RIGHTS - ON THE CONTRARY SEVERAL LIMITATIONS ON THE COASTAL STATE IMPEDING THE LAYING AND MAINTAINING OF CABLES (ART. 58, 79, 87)
COASTAL STATE TO PARTICIPATE OR BE REPRESENTED ON BOARD VESSELS WITHOUT COST TO THE COASTAL STATE. PROVIDE COASTAL STATE WITH REPORTS, PRELIMINARY AND FINAL.
PROVIDE ALL DATA AND SAMPLES TAKEN
PROVIDE ASSESSMENT OF DATA, SAMPLES, AND RESEARCH RESULTS
INFORM COASTAL STATE OF ALL MAJOR CHANGES IN THE RESEARCH (ART 249)
UNCLOS CABLES - NO SIMILAR OBLIGATIONS (ART 58, 78, 79)
UNCLOS MSR - ART 249 RIGHTS ARE ALSO EXTENDED TO NEIGHBOURING LAND-LOCKED STATES AND GEOGRAPHICALLY DISADVANTAGED STATES PROVIDED THE COASTAL STATE DOES NOT OBJECT TO THE PARTICIPATION OF QUALIFIED EXPERTS APPOINTED BY THE NEIGBORING LANDLOCKED OR GEOGRAPHICALLY DISADVANTAGED STATES) (ART 254)
UNCLOS CABLES - LANDLOCKED STATES OR GEOGRAPHICALLY DISADVANTAGED STATES HAVE NO RIGHTS TO PARTICIPATE IN A SUBMARINE CABLE PROJECT (ART. 58, 78, 79, 87)
OBLIGATION TO RECOVER OUT-OF- SERVICE CABLES
UNCLOS MSR - UNLESS OTHERWISE AGREED, OBLIGATION TO REMOVE ALL INSTALLATIONS OR EQUIPMENT WHEN RESEARCH COMPLETED. (ART. 249)
UNCLOS CABLES - NO OBLIGATION TO RECOVER INTERNATIONAL CABLES NOT IN SERVICE OUTSIDE OF TERRITORIAL SEAS. (ART. 58, 78, 79)
COASTAL STATE POWERS TO SUSPEND OR TERMINATE SERVICES
UNCLOS MSR - COASTAL STATE CAN SUSPEND OR REQUIRE CESSATION OF MSR FOR FAILURE TO COMPLY WITH ART. 249 AND THE MSR OPERATION MUST BE TERMINATED WITHIN A REASONABLE TIME. (ART 253)
UNCLOS CABLES - OUTSIDE OF TERRITORIAL SEAS THERE IS NO RIGHT BY THE COASTAL STATE TO SUSPEND OR REQUIRE CESSATION OF SERVICES OR TERMINATE SERVICES UPON NOTICE BY A COASTAL STATE. (ART 58, 78, 79)
MARKINGS AND REGISTRY REQUIREMENTS
UNCLOS MSR - INSTALLATIONS AND EQUIPMENT MUST BEAR IDENTIFICATION MARKINGS INDICATING THE STATE OF REGISTRY (ART 262)
UNCLOS CABLES - NO MARKING REQUIREMENTS AND NO STATE OF REGISTRY (ART 58, 78, 79, 87, 112)
