When Investment Law Takes Over: Towards a New Legal Regime to Regulate Asia Pacific's Submarine Cables Boom

Abstract

This paper addresses the appropriateness of the UNCLOS framework to provide effective protection for cables-related activities from a public international lawperspective. In the absence of an adequate legal framework provided by the Law of the Sea, it is suggested that bilateral investment treaties (BITs) represent one of the most suitable ways to guarantee effective security and protection for the laying of submarine cables. The bilateral approach proper of investment law will be proposed as a model to solve the problem of the protection of submarine cables in those parts of the sea where the sovereignty of a State is not limited by the rights of other States.

Keywords: Bilateral Investment Treaties, Law of the Sea, UNCLOS, Asia Pacific, Submarine Cables