Laying Submarine Cables and Development of Mineral Resources of Seabed: “at Crossroads of Equivalent Roads”

Abstract

This article addresses the interaction between two important rights established by the United Nations Convention on the Law of the Sea 1982 — the right to lay submarine cables and the right to explore and exploit mineral resources of the seabed. The activity of laying and using submarine cables have been bringing economic and social values for a long time already and became an object of international legal regulation which is, though, to date cannot be considered as developed and comprehensive. In contrast, the history of international legal regulation of the exploration of mineral resources of the seabed is relatively short. Inside states' maritime zones this activity is regulated by domestic rules while beyond states' maritime zones there is a possibility of conflict between interests of cable industry representatives and those entities who are engaged in the activity related to extraction of mineral resources of the seabed. Gradually increasing activity in the international seabed area could lead to potential conflicts between cable companies laying submarine cables and subjects developing mineral resources of the seabed since both businesses are conducted at the same sites of the seabed. The United Nations Convention on the Law of the Sea of 1982 does not give a priority to any of the activity in the international seabed area and there is no guideline on how the potential disagreement between cable company and contractor shall be resolved. In this article, the authors explore collaboration on how this gap can be filled by the alternative means other than changing the text of the Convention mentioned.